It is a dozen years since I acquired my house in Hindhead. Conveyancing solicitors have just been instructed on the sale but I am unable to find the title documents. Is this a problem?
You need not be too concerned. Firstly the deeds may be with the lender or they could be archived with the lawyers who acted in the purchase. Secondly in most cases the land will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Most conveyancing in Hindhead involves registered property but in the unlikely event that your property is not registered it is more problematic but is resolvable.
Are there restrictive covenants that are commonly identified as part of conveyancing in Hindhead?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Hindhead. 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…’
I am buying a new build flat in Hindhead. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Hindhead
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please supply a car parking plan. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. There must be mutual enforceability of lessee’s covenants.
Should I be wary that brokers that I am dealing with are recommending an internet conveyancing firm rather than a High Street Hindhead conveyancing practice?
As with lots of professional services, often input from relatives can be worth their weight in gold. Nevertheless there are many people with a keen interest in a conveyancing transaction; estate agents, mortgage brokers and lenders might all suggest lawyers to instruct. On occasion these conveyancers might be known to one of the organisations as experts in their field, but occasionally there exists a commercial relationship behind the recommendation. You have the discretion to choose your preferred lawyer. However, bear in mind that the majority of banks specify a panel list of solicitors you must use for the lender aspect of your home move.
Looking forward to complete next month on a basement flat in Hindhead. Conveyancing solicitors have said that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Hindhead should include some of the following:
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if lease has a provision for a reserve account for major works? What the implications are if you have violated the provisions of the lease? An explanation as to the provision as set out in the lease to pay service charges - in respect of the block, and the more general rights a leaseholder has specifics of the parties to the lease, for example these could be the lessee, superior lessor, landlord
I inherited a 1st floor flat in Hindhead, conveyancing was carried out half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Hindhead with over 90 years remaining are worth £185,000. The average or mid-range amount of ground rent is £65 invoiced annually. The lease ceases on 21st October 2084
With only 60 years remaining on your lease we estimate the premium for your lease extension to be between £20,000 and £23,000 plus professional fees.
The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more detailed investigations. You should not use the figures in tribunal or court proceedings. There may be additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.
Our lawyer in Hindhead has discovered a a problem with the lease for the flat we are buying in Hindhead. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor has advised that as he is on the bank conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or the mortgage company?
Just because you have a mortgage offer from the lender does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Hindhead conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the mortgage company are the client. These conveyancing instructions have to be complied with by the mortgage company conveyancing panel who has to balance acting for you and the bank