My Solicitor in Oakleigh Park is not listed on the Santander Approved Panel. Can I still retain my prefered solicitor notwithstanding that they are not on the Santander panel?
Your options are as follows:
- Complete the purchase with your existing Oakleigh Park solicitors but Santander will need to retain a lawyer on their panel. This will result in additional total legal fees and cause frustration.
- Find a new solicitor to to deal with the conveyancing, obviously checking they are on the Santander panel
Forgive me if this question is silly but I am wet behind the ears as a first time buyer of a garden flat in Oakleigh Park. Do I collect the keys to the premises on completion from my lawyer? If this is the case, I will use a local conveyancing solicitor in Oakleigh Park?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the purchase money to the owner’s lawyers, and shortly after the monies have arrived, you will be invited to collect the keys from the Estate Agents and start moving into the property. Usually this occurs between 1 and 3pm.
My solicitor has informed me that lack of planning permission insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Oakleigh Park?
The right level of lack of planning permission indemnity insurance should be dictated by who your lender. It would differ for example between Barclays and Coventry Building Society. Conveyancing solicitors as opposed to borrowers take out such policies.
Completion of my purchase has taken place for my property in Oakleigh Park. Conveyancing was satisfactory but I would like to complain about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
We are downsizing from our property in Oakleigh Park and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any local lawyer would know this is not the case. It does beg the question why the buyers instructed a web based conveyancing practice as opposed to a conveyancing solicitor in Oakleigh Park. We have lived in Oakleigh Park for 5 years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek confirmation need.
It would appear that you have a conveyancing lawyer currently acting for you. Are they able to advise? You need to 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 ailment)
Are there restrictive covenants that are commonly picked up during conveyancing in Oakleigh Park?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Oakleigh Park. 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 last month in what was supposed to be a quick, chain free conveyancing. Oakleigh Park is the location of the property. Can you offer any advice?
Flying freeholds in Oakleigh Park are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Oakleigh Park you must be sure that your lawyer goes 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 Oakleigh Park 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.
Do you have any advice for leasehold conveyancing in Oakleigh Park from the point of view of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Oakleigh Park can be avoided if you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors. If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to unresolved. If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Oakleigh Park leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such alterations. Should you fail to have the paperwork in place you should not communicate with the landlord without checking with your conveyancer before hand. You believe that you know the number of years left on your lease but it would be wise to verify this by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the lease term is under 75 years. It is therefore important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.
I inherited a first flat in Oakleigh Park. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount due for the purchase of the freehold?
Most definitely. We are happy to put you in touch with a Oakleigh Park conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Oakleigh Park 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 related to 1 flat. The unexpired lease term was 76 years.