We went with a high street lawyer for our conveyancing in Kingston today. Upon checking the Terms and Conditions it is apparent thatI am responsible for costs even where the conveyance does not complete. Should I go with them or select a web based firm advertising no completion no charge conveyancing in Kingston?
Generally there is a concession along the lines that if "No Sale No Fee" is advertised then the conveyancing charges will generally be more expensive to offset those cases that abort. Please beware that such arrangements rarely protect you from expenses such as Kingston conveyancing search expenses.
We wanted to use a property lawyer in Kingston for our house purchase. Our broker informed us that our mortgage company Aldermore won't deal with them. Surely this is unfair competition?
Banks tend to restrict either the type or the amount of conveyancing solicitors on their approved list of lawyers. A common example of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of solicitor practices they use to represent them. Be aware that Aldermore have no responsibility for the quality of advice provided by any member of Aldermore Conveyancer Panel. Mortgage fraud was a primary driver in the rationalisation of solicitor panels a few years ago even though there remains mixed views regarding the extent of solicitor involvement in some of that fraud. Data from the Land Registry reveal that hundreds of law firms, including some in or near Kingston only execute one or two conveyances a year.
Are there restrictive covenants that are commonly identified as part of conveyancing in Kingston?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Kingston. 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…’
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Kingston is the location of the property. Is there any advice you can give?
Flying freeholds in Kingston are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kingston you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kingston may determine 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 residence.
I am a negotiator for a long established estate agency in Kingston where we see a few flat sales derailed as a result of short leases. I have received inconsistent advice from local Kingston conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Kingston Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
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How much is the ground rent and service charge? It is important to be aware if fixing the lift or some other significant cost is coming up that will be shared between the tenants and may well dramatically impact the level of the maintenance charges or require a one off invoice. This information is helpful as a) areas could result in problems in the building as the common areas may begin to deteriorate if services are not paid for b) if the leasehold owners have a dispute with the running of the building you will need to have full disclosure
What type of property do your Kingston conveyancing quotes apply to?
The quotes issued are only appropriate to standard domestic premises in England & Wales. If you have any different requirements for instance industrial or agricultural property or commercial conveyancing in Kingston please telephone us to discuss your requirements .