We're in Plymouth, First timers purchasing with a mortgage (lender is Leeds Building Society , and our solicitor is on the Leeds Building Society conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Leeds Building Society conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Me and my brother own a terraced Victorian property in Plymouth. Conveyancing lawyer acted for me and Nottingham Building Society. I happened to do a free search for it on the Land Registry database and I saw 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 should assess 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 Plymouth and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with your conveyancing lawyer who conducted the work.
In what way does the Landlord & Tenant Act 1954 impact my commercial offices in Plymouth and how can you help?
The 1954 Act gives security of tenure to commercial leaseholders, granting the a statutory right to make a request to court for a renewal tenancy and remain in occupation at the end of the lease term. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Plymouth
My step-father has suggested that I use his conveyancing solicitors in Plymouth. Should I find my own property lawyer?
No doubt the ideal way to choose a conveyancing practitioner is to have recommendations from friends or family who have actually experience in using the firm you're considering.
What advice can you give us when it comes to appointing a Plymouth conveyancing firm to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a Plymouth conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Plymouth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be of use:
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How experienced is the firm with lease extension legislation? How many lease extensions has the firm carried out in Plymouth in the last 12 months?
I bought a 1 bedroom flat in Plymouth, conveyancing formalities finalised half a dozen years ago. How much will my lease extension cost? Comparable properties in Plymouth with an extended lease are worth £186,000. The average or mid-range amount of ground rent is £55 per annum. The lease terminates on 21st October 2078
With 52 years unexpired we estimate the premium for your lease extension to range between £29,500 and £34,000 as well as legals.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure in the absence of detailed due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.
A licensed conveyancer handled my conveyancing in Plymouth three years ago and was holding my deeds but has now closed – What steps do I now take to get hold of them?
Title deeds, as such, are no longer appropriate for most homes in Plymouth are archived electronically at Land Registry. If you need to prove evidence of proprietorship or are disposing of or refinancing your conveyancing practitioner can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.