Can the conveyancing lawyers that you recommend handle auction conveyancing in The Hale?
There are a number of niche practitioners we can put you in touch with those specialising in auction conveyancing. The Hale is just one of hundreds of areas of in which our lawyers have offices.
How does conveyancing in The Hale differ for newly converted properties?
Most buyers of new build or newly converted property in The Hale contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is finished. This is because builders in The Hale usually purchase the real estate, 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 conveyancing solicitors 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 The Hale or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a quick, chain free conveyancing. The Hale is the location of the property. Can you shed any light on this issue?
Flying freeholds in The Hale are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside The Hale you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in The Hale 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 residence.
I was pointed in your direction by a few estate agents in The Hale to get a quote from a property lawyer on your site. What’s the financial incentive for Estate Agents to offer your lawyers over a competitor’s?
We don’t make any financial incentive for pointing buyers and sellers in our direction. We found it would be just too difficult a fee because members of the public would think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
My wife and I have hit a brick wall in trying to reach an agreement for a lease extension in The Hale. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a The Hale conveyancing firm who can help.
An example of a Lease Extension case for a The Hale residence is 20 Orchard Court Stonegrove in June 2009. The tribunal decided that a premium of £11,040 should be payable for the new lease This case was in relation to 1 flat. The unexpired term was 71.55 years.
What makes a The Hale lease unmortgageable?
Leasehold conveyancing in The Hale is not unique. Most leases are unique and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:
-
A provision to repair to or maintain parts of the property A provision for the recovery of money spent for the benefit of another party.
A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Mortgage Works, and Godiva Mortgages Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.
I am an executor of my recently deceased mum’s Will, with a bungalow in The Hale which is to be marketed. The house has never been registered at HMLR and I'm advised that many purchasers will insist that it is done before they'll proceed. What's the mechanism for this?
In the circumstances you refer to it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.