It is a dozen years since I bought my property in Heathrow. Conveyancing lawyers have now been appointed on the sale but I am unable to locate the title documents. Will this jeopardise the sale?
You need not be too concerned. Firstly there is a chance that the deeds will be with the lender or they could be archived with the solicitor who handled the purchase. Secondly in all probability the land will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. Most conveyancing in Heathrow involves registered property but in the unlikely event that your home is not registered it adds to the complexity but is resolvable.
Should my solicitor be raising questions about flooding as part of the conveyancing in Heathrow.
The risk of flooding is if increasing concern for solicitors dealing with homes in Heathrow. There are those who acquire a house in Heathrow, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Conveyancers are not best placed to offer advice on flood risk, but there are a numerous searches that can be carried out by the purchaser or by their solicitors which will give them a better understanding of the risks in Heathrow. The conventional set of completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to discover if the premises has ever been flooded. If flooding has previously occurred and is not disclosed by the vendor, then a purchaser could bring a compensation claim as a result of such an misleading reply. A buyer’s lawyers should also carry out an enviro report. This should reveal whether there is any known flood risk. If so, additional inquiries should be conducted.
Are there restrictive covenants that are commonly identified during conveyancing in Heathrow?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Heathrow. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Just had an offer accepted on a new build apartment in Heathrow. 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 conveyancing.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Heathrow
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
My husband and I are new to the buying process - agreed a price, yet the agent informed us that the owners will only move forward if we use their preferred conveyancers as they are insisting on a ‘quick sale’. Our preferred option is to instruct a family conveyancer accustomed to conveyancing in Heathrow
We suspect that the seller is unaware of this ultimatum. Should the owner desire ‘a quick sale', turning down a genuine buyer is going to damage their objectives. Speak to the owners direct and explain that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)but you intend to appoint your own,trusted Heathrow conveyancing lawyers - not the ones that will earn the estate agent a referral fee or hit his conveyancing thresholds set by senior management.
What are your top tips when it comes to appointing a Heathrow conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Heathrow conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with two or three firms including non Heathrow conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be useful:
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Can they put you in touch with clients in Heathrow who can give a testimonial?
Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Heathrow. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We are happy to put you in touch with a Heathrow conveyancing firm who can help.
An example of a Lease Extension decision for a Heathrow residence is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case affected 1 flat. The unexpired residue of the current lease was 82.93 years.