Finally the sale completed on my house in Surrey last June yet the purchaser is e-mailing daily to moan that their lawyer is waiting to hear from mylawyer. What are the post completion sale legalities following completion?
Following your house sale your solicitor should send the transfer documentation and all of the paperwork to the buyer’s conveyancer. If applicable, your solicitor should also evidence that the legal charge in favour of the lender has been discharged to the buyers solicitors. There are no post completion steps peculiar conveyancing in Surrey.
Do commercial conveyancing searches reveal impending roadworks that could affect a commercial premises in Surrey?
Many commercial conveyancing solicitors in Surrey will carry out a SiteSolutions Highways report as it reduces the time that conveyancers invest in sourcing accurate data on highways that impact buildings and development assets in Surrey. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Surrey.
For each commercial conveyancing transaction in Surrey it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately may cause delays to Surrey commercial conveyancing transactions as well as present a risk to future plans for the site. These searches are not carried out for residential conveyancing in Surrey.
Just had an offer accepted on a new build flat in Surrey. Conveyancing is necessary evil 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 conveyancing.
Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Surrey
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There must be mutual enforceability of lessee’s covenants. 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? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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.
I opted to have a survey done on a house in Surrey before appointing conveyancers. I have been advised that there is a flying freehold overhang to the property. The surveyor has said that some lenders will not give a mortgage on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. If you contact us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Surrey. Conveyancing may be slightly more expensive based on your lender's requirements.
I work for a reputable estate agency in Surrey where we have experienced a few leasehold sales jeopardised as a result of short leases. I have been given contradictory information from local Surrey conveyancing firms. Can you clarify whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder 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 purchaser.
Surrey Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
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Make sure you enquire if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Surrey. If you love the apartmentin Surrey however your cat can’t move with you then you will be faced hard decision. Is the freehold owned jointly by the tenants? The prefered form of lease structure is if the freehold title is owned by the leaseholders. In this arrangement the lessees enjoy being in charge if their destiny and even though a managing agent is usually employed if it is larger than a house conversion, the managing agent employed by the leaseholders.
We are in the process of purchasing a apartment in Surrey. Conveyancing is not yet done but we wish to keep our purchase price confidential from sites such as Zoopla. what can I do to ensure this is not revealed?
HMLR by statute are obliged to disclose price sold information on the official title for residential properties nationwide including properties in Surrey. The register of ownership is a public document, so HMLR would be breaching their statutory obligations excluded specific homes such as the property in Surrey.
You can ask HM Land Registry to hide the price paid data but the response would be a No.