I have todayfound out that Stirling Law have closed. They carried out my conveyancing in Swavesey for a purchase of a leasehold flat 10 months ago. How can I establish that the property is not still registered in the name of the former proprietor?
The easiest method to check if the property is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Swavesey conveyancing specialists.
How does conveyancing in Swavesey differ for new build properties?
Most buyers of new build premises in Swavesey contact us having been asked by the builder to sign contracts and commit to the purchase even before the house is built. This is because house builders in Swavesey typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Swavesey or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a house in Swavesey ahead of retaining lawyers. I have been told that there is a flying freehold overhang to the property. Our surveyor advised that some lenders may not grant a loan on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. Should you wish to telephone us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Swavesey. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Swavesey to see if the conveyancing costs will increase in light of this.
I have been advised by a couple of local property agents in Swavesey to find a property lawyer using your seach tool. Is there a financial upside for Estate Agents to promote your lawyers over and above alternative conveyancing organisations?
We don’t offer any commission for directing people in our direction. We found it would be just too difficult a fee as home movers will think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
Back In 2002, I bought a leasehold house in Swavesey. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Swavesey who previously acted has now retired. Any advice?
The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Swavesey conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Swavesey Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
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How much is the ground rent and service charge? Make sure you discover if there is anything that is prohibited in the lease. For instance some leases prohibit pets being permitted in certain buildings in Swavesey. If you like the propertyin Swavesey however your cat can’t move with you then you will be faced hard determination.
We have an offer in principle from Platform Home Loans Ltd who suggested we could borrow up to £300k. When do we need to instruct a solicitor for conveyancing? Swavesey is where we are buying.
You can instruct a solicitor now requesting that they create a file for you. This will facilitate: 1) the selling agent to send out the Sales Memorandum to all parties 2) the seller’s solicitor to submit the draft agreement. That being said, do not instruct your lawyer to start searches until you receive your valuation report from Platform Home Loans Ltd and you are content to proceed.