We are selling our home in Monken Hadley. Will the conveyancing practitioner need to be on the Santander conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Santander conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently currently.
My partner and I are selling our home in Monken Hadley and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. Any high street Monken Hadley conveyancer would know this is not the case. For the life of me I don't know why the purchasers used an internet conveyancing practice as opposed to a conveyancing solicitor in Monken Hadley. Having lived in Monken Hadley for many years we know of no issue. Do we get in touch with our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
My wife and I purchased a 4 bedroom Edwardian house in Monken Hadley. Conveyancing solicitor represented me and Barclays . I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the matching address. I thought I was buying a freehold how can I check?
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 Monken Hadley 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 enquire as to the situation with the conveyancing practitioner who conducted the purchase.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a quick, chain free conveyancing. Monken Hadley is the location of the property. Is there any advice you can give?
Flying freeholds in Monken Hadley are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Monken Hadley you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Monken Hadley 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 premises.
My father has recommend that I instruct his lawyers for conveyancing in Monken Hadley. Should I use them?
No doubt the best way to select a conveyancing lawyer is to have feedback from friends or relatives who have actually used the conveyancer that you are are thinking of instructing.
I work for a long established estate agent office in Monken Hadley where we have experienced a few leasehold sales jeopardised due to short leases. I have been given conflicting advice from local Monken Hadley conveyancing solicitors. Could you clarify whether the vendor of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.
Despite our best efforts, we have been unsuccessful in negotiating a lease extension in Monken Hadley. Can the Leasehold Valuation Tribunal adjudicate on premiums?
You certainly can. We can put you in touch with a Monken Hadley conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Monken Hadley flat is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case was in relation to 1 flat. The remaining number of years on the lease was 76 years.