I require conveyancing for an apartment in a fairly new development (seven years built) in Kimberley. 95% of the properties have already been sold. Do I need carry out the conveyancing searches as part of conveyancing in Kimberley?
Where you are obtaining a mortgage, your lender will require some (many) of the searches so you'll have no choice. If not, then Kimberley conveyancing searches are for you to decide upon. No doubt your conveyancer, will ’encourage’, perhaps in the strongest possible terms, that you should have the searches done, but he or she has a professional duty to do this. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you demand that your lawyer to proceed without searches then your lawyer will have to follow your instructions or you may need to find a new lawyer for your conveyancing in Kimberley.
My uncle passed away 10 months ago and as sole heir and executor I was left the house in Kimberley. The house had a small mortgage remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Coventry BS, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Coventry BS will insist on your using a conveyancer on the Coventry BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Coventry BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Coventry BS mortgage is registered as a charge at the Land Registry.
My wife and I have a terraced Georgian house in Kimberley. Conveyancing lawyer represented me and Skipton Building Society. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register as there may be 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 Kimberley 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 purchasers. You can also question the situation with your conveyancing lawyer who conducted the work.
How does conveyancing in Kimberley differ for new build properties?
Most buyers of new build or newly converted property in Kimberley contact us having been asked by the builder to exchange contracts and commit to the purchase even before the property is completed. This is because developers in Kimberley typically acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Kimberley or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Kimberley is the location of the property. Can you shed any light on this issue?
Flying freeholds in Kimberley are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Kimberley you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kimberley may ascertain 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 property.
We're FTB’s - agreed a price, but the property agent informed us that the seller will only issue a contract if we instruct their preferred lawyers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a high street conveyancer who is familiar with conveyancing in Kimberley
We suspect that the owner is not behind this requirement. Should the vendor want ‘a quick sale', turning down a motivated buyer is going to damage their objectives. Try to communicate with the vendors directly and make the point that (a)you are keen to buy (b)you are ready to progress, with finances arranged © you do not need to sell (d) you wish to move quickly (e)but you are going to use your own,trusted Kimberley conveyancing solicitors - rather thanthe ones that will give the negotiator at the agency a introducer fee or hit his conveyancing figures demanded by senior management.