We are buying a 3 bedroom apartment in Hawkhurst with a mortgage. We like our Hawkhurst solicitor, but the mortgage company advise he's not on their "panel". It seems we have no choice but to select one of the mortgage company panel firms or retain our Hawkhurst property lawyer and pay for one of their panel ones to act for them. We regard this is inequitable; can we not insist that the mortgage company use our Hawkhurst solicitor ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Hawkhurst conveyancing solicitor to apply to be on the conveyancing panel.
It is is a decade since I bought my house in Hawkhurst. Conveyancing solicitors have recently been appointed on the sale but I can't locate the deeds. Will this jeopardise the sale?
You need not be too concerned. First there is a chance that the deeds will be retained by the lender or they could be in the possession of the solicitor who oversaw the purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors acquiring up to date copy of the land registers. The vast majority of conveyancing in Hawkhurst involves registered property but in the unlikely event that your home is unregistered it is more of a problem but is resolvable.
I am selling our home in Hawkhurst and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. Any high street Hawkhurst lawyer would know this is not the case. For the life of me I don't know why the purchasers used an internet conveyancing practice rather than a conveyancing solicitor in Hawkhurst. Having lived in Hawkhurst for 5 years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing firm already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
The estate agent has sent us the confirmation of our purchase of a new build flat in Hawkhurst. Conveyancing is a frightening process 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 legal work.
Set out below are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Hawkhurst
-
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
My partner has suggested that I appoint his conveyancing solicitors in Hawkhurst. Should I use them?
Much as we are happy to recommend a Hawkhurst conveyancing lawyer the ideal way to choose a conveyancing practitioner is to seek referrals from friends or relatives who have actually experience in using the solicitor that you are considering.
Last December I purchased a leasehold flat in Hawkhurst. Do I have any liability for service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I purchased a 1st floor flat in Hawkhurst, conveyancing was carried out 9 years ago. 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 flats in Hawkhurst with a long lease are worth £185,000. The ground rent is £65 levied per year. The lease ceases on 21st October 2085
You have 60 years left to run the likely cost is going to range between £20,000 and £23,000 plus costs.
The figure above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information before seeking the advice of a professional.