It is is a decade since I purchased my property in Heath. Conveyancing solicitors have recently been appointed on the sale but I am unable to find the deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly the deeds may be retained by the mortgage company or they may be in the possession of the solicitor who acted in the purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Heath relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
I am purchasing a 4 bedroom semi-detached house in Heath. The intention is to carry out an extension to the side at the house.Will the conveyancing process involve checks to see if these alterations are allowed?
Your property lawyer should review the deeds as conveyancing in Heath will on occasion identify restrictions in the title deeds which prevent categories of works or need the consent of a 3rd party. Certain extensions call for local authority planning permissions and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these issues with a surveyor ahead of any purchase.
Can I be sure that the Heath conveyancing solicitor on the Coventry BS panel is any good?
When it comes to conveyancing in Heath obtaining recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the solicitor carrying out your conveyancing.
It is unclear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Heath bank branch on numerous occasions and was advised it wasn't a problem and they would lend. My Heath conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
As long as the solicitor is on the mortgage company panel, she or he must comply with the CML Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a straight forward, chain free conveyancing. Heath is the location of the property. Is there any advice you can impart?
Flying freeholds in Heath are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Heath you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Heath may decide 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 premises.
Am I best advised to appoint a Heath conveyancing practitioner based in the area that I am hoping to buy? We have a good friend who can carry out the conveyancing however his firm is located a couple of hundredkilometers drive away.
The benefit of a high street Heath conveyancing firm is that you can visit the firm to execute paperwork, deliver your identification documents and pester them if necessary. Having local Heath know how is a bonus. That being said nothing is more important than finding someone that will pull out all the stops for you. If if people you trust used your friend and on the whole were impressed that must surpass using an unknown Heath conveyancing lawyer just because they are based in the area.
I am employed by a reputable estate agent office in Heath where we have experienced a few leasehold sales derailed as a result of short leases. I have been given conflicting advice from local Heath conveyancing solicitors. Can you clarify whether the seller of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?
As long as 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. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
An alternative approach is 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 buyer.
I purchased a 1st floor flat in Heath, conveyancing was carried out 8 years ago. Can you please calculate a probable premium for a statutory lease extension? Similar flats in Heath with a long lease are worth £197,000. The ground rent is £55 yearly. The lease ceases on 21st October 2079
You have 55 years unexpired the likely cost is going to span between £31,400 and £36,200 plus costs.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first seeking the advice of a professional.
Do I have to pop into the offices of the mortgage company conveyancing panel solicitor to sign the mortgage deed? If so, I will choose one who does conveyancing in Heath so that I can attend their offices if required.
Most conveyancing panel lawyers for the bank undertake conveyancing via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. YOu dont have to use a conveyancing solicitor in Heath. However you should check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.