My Ilkley solicitor has discovered a difference between the assumptions in the valuation survey and what is in the title deeds. My lawyer says that he is obliged to check that the lender is OK with this discrepancy and is content to go ahead. Is my conveyancer’s stance correct?
Your lawyer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
A friend informed me that in purchasing a property in Ilkley there may be various restrictions preventing external alterations to a property. Is this right?
We are aware of a number of properties in Ilkley which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Ilkley should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We had selected conveyancing lawyers with offices in Ilkley on the Kent Reliance solicitor panel. They are now charging me an additional charge for handling the Kent Reliance mortgage. Is this an additional conveyancing fee specified by Kent Reliance?
As unfair as it may seem, as long as it’s in their Terms and Conditions or Quote then yes your conveyancer can levy a fee for this. The charge is not set by Kent Reliance but by your Ilkley solicitor. Some firms on the Kent Reliance panel will levy an ‘acting for lender’ fee but plenty of practices incorporate it on their overall fee.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Ilkley bank branch on numerous occasions and was advised it wasn't a problem and they will lend. My Ilkley conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend in accordance with their specific requirements. Who do I believe?
Your conveyancer must follow the CML Handbook Part 2 conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
The estate agent has sent us the confirmation of our purchase of a new build flat in Ilkley. Conveyancing is necessary evil 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 conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Ilkley
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply a car parking plan.
Over the last few months I have been searching for a leasehold apartment up to £235,500 and identified one close by in Ilkley I like with amenity areas and railway links nearby, the downside is that it only has 52 remaining years left on the lease. I can't really find anything else in Ilkley suitable, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you need a mortgage the remaining unexpired lease term may be an issue. Reduce the offer by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for at least 2 years you could request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer concerning this matter.
My father has suggested that I use his conveyancing solicitors in Ilkley. Should I find my own conveyancer?
There are no two ways about it the best way to choose a conveyancing solicitor is to seek feedback from friends or family who have used the conveyancer you're considering.
Is it necessary during the course of the conveyancing process to visit the offices of the lender conveyancing panel solicitor to execute the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Ilkley as it will be easier to attend their offices if necessary.
Most conveyancing panel lawyers for the mortgage company 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 Ilkley. it would nevertheless be wise to check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.