Please explain the implications if my solicitor is suspended from the Kent Reliance Solicitor panel ahead of completing my conveyancing in Gerrards Cross?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Should commercial conveyancing searches disclose proposed roadworks that may impact a commercial site in Gerrards Cross?
Many commercial conveyancing solicitors in Gerrards Cross will perform a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in investigating accurate data on highways that impact buildings and development assets in Gerrards Cross. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Gerrards Cross.
For each commercial conveyancing transaction in Gerrards Cross it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may result in delays to Gerrards Cross commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Gerrards Cross.
Have completed on a a semi-detached house in Gerrards Cross , What is the estimated time for the Land Registry to deal with the formalities evidencing the transfer to my name? My Gerrards Cross conveyancing solicitor has been very slow, so I want to check that my purchase is registered.
As far as conveyancing in Gerrards Cross registration is no quicker or slower than anywhere else in the country. As opposed to being determined by geographic area, timescales can vary depending on the party submitting the application, whether it is in order and if the Land registry communicate with any interested parties. Currently roughly 80% of submission are completed within 12 days but some can be subject to protracted hold-ups. Registration occurs once the purchaser is living at the premises therefore post completion formalities is not typically top priority but if there is a degree of urgency associated with the registration then you or your solicitor can contact the land registry and explain the circumstances.
I am buying a new build apartment in Gerrards Cross. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Gerrards Cross
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what should have been a simple, no chain conveyancing. Gerrards Cross is where the house is located. Is there any guidance you can impart?
Flying freeholds in Gerrards Cross are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Gerrards Cross you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Gerrards Cross may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I work for a long established estate agency in Gerrards Cross where we have experienced a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Gerrards Cross conveyancing solicitors. Could you shed some light as to whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Gerrards Cross. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to arrive at the amount due.
An example of a Lease Extension decision for a Gerrards Cross premises is Flats 8, 11 and 15 Craigmore Court 46 Murray Road in December 2013. The tribunal held that the price payable by the Applicant tenant of Flat 8 to acquire an extended lease shall be £26,438 plus £1 to the intermediate lessee . The tribunal held that the price payable by the Applicant tenants of Flat 11 to acquire an extended lease shall be £26,791 plus £1 to the intermediate lessee. The tribunal held that the price payable by the Applicant tenant of Flat 15 to acquire an extended lease shall be £26,638 plus £1 to the intermediate lessee . This case was in relation to 3 flats. The number of years remaining on the existing lease(s) was 71 years.