My wife and I are purchasing a new build apartment in Halifax and my conveyancer is informing me that she has to the mortgage company to reveal incentives from the builder. I am under pressure to sign contracts and I don't want to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Will commercial conveyancing searches reveal proposed roadworks that could impact a commercial land in Halifax?
Many commercial conveyancing solicitors in Halifax will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Halifax. The search result sets out definitive information 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 Halifax.
For every commercial conveyancing transaction in Halifax it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may cause delays to Halifax commercial conveyancing deals as well as pose a risk to future intentions for the site. These searches are not carried out for residential conveyancing in Halifax.
I am purchasing a new build house in Halifax with the aid of help to buy. The sellers refused to move on the price so I negotiated £7000 of fixtures and fittings instead. The property agent suggested that I not disclose to my lawyer about the extras as it could jeopardize my loan with Chelsea Building Society. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the advice of my in-laws I had a survey completed on a house in Halifax prior to retaining solicitors. I have been informed that there is a flying freehold overhang to the house. Our surveyor has said that some lenders tend refuse to issue a loan on such a property.
It varies from the lender to lender. Santander has different requirements from Birmingham Midshires. Should you wish to call us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Halifax. Conveyancing will be smoother if you use a solicitor in Halifax especially if they are accustomed to such properties in Halifax.
I have recently realised that I have 68 years unexpired on my flat in Halifax. I now want to get lease extension but my freeholder is missing. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the lessor. On the whole an enquiry agent would be helpful to carry out a search and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Halifax.
I bought a garden flat in Halifax, conveyancing having been completed in 2004. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Halifax with a long lease are worth £202,000. The ground rent is £60 charged once a year. The lease ends on 21st October 2082
With only 57 years left to run the likely cost is going to range between £28,500 and £33,000 as well as legals.
The figure above a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first getting professional advice.
The lawyers carrying out our conveyancing in Halifax has forwarded papers to review that show the property is unregistered with epitome documents. Surely all properties in Halifax should be registered?
It is a rare occurrence indeed to find premises in Halifax to be unregistered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Plenty of Halifax conveyancing practitioners will be capable of dealing with such matters but where uncertainty reigns the conventional advice these days is for the vendor’s solicitor to deal with the registration formalities first and thereafter sell - this can though naturally result in a significant delay.