We are nearing an exchange on a property in Johnstown and my parents have transferred the 10% deposit to my property lawyer. I am now told that as the deposit has been received from someone other than me my solicitor needs to disclose this to my bank. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to be an issue?
Your conveyancing practitioner is legally required to check with the bank to ensure that they understand that the balance of the purchase price is not from your own resources. Your solicitor can only disclose this to your lender if you agree, failing which, your lawyer must cease to continue acting.
Me and my brother own a semi-detached Edwardian house in Johnstown. Conveyancing lawyer represented me and Halifax. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold with the matching property. I'd like to know for sure, how can I find out??
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Johnstown and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with the conveyancing solicitor who conducted the conveyancing.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Johnstown. Conveyancing is necessary evil 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 selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Johnstown
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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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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 confirm the Lease plans are surveyor prepared.
How do I use the search facility to select a conveyancing practitioner in Johnstown on the panel for my lender?
1st select a lender such as Birmingham Midshires, The Royal Bank of Scotland or Bank of Ireland then type in your preferred area a common one being Johnstown. Conveyancing firms in Johnstown and nationally will then be identified.
I have recently realised that I have 62 years left on my lease in Johnstown. I now wish to extend my lease but my freeholder is missing. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the landlord. In some cases a specialist may be helpful to carry out a search and to produce a report to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Johnstown.
Johnstown Leasehold Conveyancing - A selection of Queries before Purchasing
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What is the service charge and ground rent on the apartment? If a Johnstown lease has fewer than 80 years it will affect the marketability of the flat. It is worth checking with your lender that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will probably have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would be required to have owned the property for two years in order to be eligible to carry out a lease extension. Best to be warned whether a new roof is being installed or some other significant cost is pending that will be shared amongst the leaseholders and may well materially impact the level of the maintenance fees or result in a one off invoice.
My mother and father cant seem to find their Johnstown land registry title on the website. They have a vague memory back in the 70’s when they bought the property there were complications regarding the post code not being recognised in some systems.
Almost all properties in Johnstown should appear. Have you attempted a search to just the postcode. Ordinarily it should identify all the properties inside that postcode. Where registered it will show up with a title number. Where they bought sixty years ago it's conceivable it may be unregistered. The address may still be revealed but with the title number identified as 'na'. In this scenario you will need to find the original title deeds which could be with your parent’s lender.