I am the only recipient of my late mum's will and I have everything in my name alone, including the house in Plympton. Conveyancing formalities meant that the Land Registry date was in September. I now wish to sell up. I do know about the CML six month 'rule', which means that my proprietorship will be considered the same way as though I had purchased the property in September. Is the property unsalable for six months?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. Most mortgage companies would take a pragmatic view as this requirement primarily exists to pick up on the purchase and immediately sell or the wholesaling and assigning of property.
We previously chose conveyancers located in Plympton on the Nottingham solicitor panel. They have just invoiced me a further charge for dealing with the Nottingham mortgage. Is this an additional conveyancing fee specified by Nottingham?
Provided it is contained in their Terms of Engagement or estimate then yes your solicitor can charge a fee for this. The charge is not dictated by Nottingham but by your Plympton lawyer. Some firms on the Nottingham panel will quote an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
I recently had an offer agreed on a house in Plympton. My mortgage broker pressured me to appoint their lawyer. I paid an on account payment of £200. A few days later, the conveyancing practitioner contacted me to say that they were not on the Nottingham conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nottingham panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Despite weeks of looking the Title Certificate and documents to our property can not be found. The solicitors who dealt with the conveyancing in Plympton 5 years ago no longer exist. What are my options?
As long as the title is registered the information relating to your ownership will be retained by the Land Registry under a Title Number. It is easy to perform a search at the Land Registry, identify your house and get up to date copies of the Registered Entries for less than a fiver. If the title is Leasehold then the Land Registry will also normally hold a file duplicate of the Registered Lease and again, a copy can be obtained for a small fee.
I am buying a new build apartment in Plympton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Plympton
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a simple, no chain conveyancing. Plympton is where the house is located. Is there any advice you can give?
Flying freeholds in Plympton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Plympton you would need to get your solicitor to go 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 Plympton may decide 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 property.
I have recently realised that I have 72 years left on my lease in Plympton. I now wish to get lease extension but my freeholder is can not be found. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the freeholder. For most situations an enquiry agent would be helpful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court covering Plympton.
Plympton Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing
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The majority of Plympton leasehold apartments will incur a service charge for the upkeep of the building set on behalf of the freeholder. Where you acquire the property you will have to pay this charge, normally in instalments accross the year. This could vary from several hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a ground rent to be met yearly, ordinarily this is not a exorbitant sum, say about £25-£75 but you should to check as occasionally it could be many hundreds of pounds. On the whole the outlay for major works are not built into the maintenance charges, albeit that there some managing agents in Plympton obliged tenants to contribute towards a sinking fund created for the specific purpose of building a fund for larger works. You will want to find out as much as possible concerning the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to day to day issues such as the cleanliness of the common parts. Enquire of other people what they think of their management. On a final note, be sure you know the dates that the service charges are due to the relevant party and specifically what it includes.
I have been recommended a conveyancing solicitor in Plympton. I need to find out if they are on the bank's conveyancing panel. Can you or the bank confirm if they are on the panel?
You should call your solicitor to check if they are on the bank's approved list. Alternatively please call us and we can make some checks for you. Should the firm not be on the bank panel we can certainly arrange a specialist conveyancing solicitor in Plympton on the panel for your lender.