It is 10 years ago since I bought my property in Nayland. Conveyancing lawyers have now been retained on the sale but I can't track down my title deeds. Is this a problem?
Don’t worry too much. Firstly the deeds may be with your mortgage company or they may still be with the conveyancers who acted in the purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Nearly all conveyancing in Nayland involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
Is there a search tool that I can utilise to discover of the solicitor conducting my conveyancing in Nayland is on the lender’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for Godiva Mortgages Ltd thus spending £175.00 in supplemental conveyancing charges.
You should make use of the find a conveyancing panel solicitor tool on this site. Please choose the mortgage company and type ‘Nayland’ or your location and you will see a number of lawyer located in Nayland or near you.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Nayland. Conveyancing is a frightening process 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 few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Nayland
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan.
Due to the encouragement of my in-laws I had a survey completed on a property in Nayland before instructing conveyancers. I have been advised that there is a flying freehold element to the property. My surveyor advised that some mortgage companies tend not grant a mortgage on such a house.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. If you call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Nayland. Conveyancing may be slightly more expensive based on your lender's requirements.
Is it best to go with a Nayland conveyancing practitioner based in the area that I am hoping to buy? An old friend can carry out the legal formalities but they are based approximately 350miles drive away.
The primary upside of using a local Nayland conveyancing practice is that you can attend the office to execute paperwork, hand in your ID and apply pressure on them where appropriate. Having local Nayland know how is a benefit. However nothing is more important than finding someone that will pull out all the stops for you. If if people you trust instructed your friend and on the whole were happy that must trump using an unknown Nayland conveyancing solicitor just because they are Nayland based.
I have just appointed agents to market my ground floor flat in Nayland. Conveyancing lawyers have not yet been instructed, however I have recently had a quarterly service charge invoice – should I leave it to the buyer to sort out?
It best that you pay the maintenance contribution as normal as all ground rent and service payments will be apportioned on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Nayland Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
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Does the lease have onerous restrictions? Plenty Nayland leasehold flats will incur a service bill for the upkeep of the block set by the freeholder. If you buy the property you will have to meet this charge, usually periodically throughout the year. This may be anything from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent to be met annual, this is usually not a significant amount, say approximately £25-£75 but you need to enquire it because on occasion it can be many hundreds of pounds. It would be prudent to find out if there are any onerous prohibitions in the lease. By way of example it is very common in Nayland leases that pets are not allowed in certain buildings in Nayland. If you like the apartmentin Nayland yet your dog is not allowed to make the move with you then you will be presented with a difficult compromise.