My wife and I are purchasing a flat in The Park. My lawyer is not listed on the mortgage company conveyancing panel. Can I still continue with my The Park conveyancing solicitor even though they are excluded from the mortgage company panel of approved conveyancing solicitors?
You must instruct a lawyer to deal with the legal work required if you require a mortgage to buy your home. The property lawyer will conduct all the essential legal checks on the property, ensuring that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is dealt with. One could appoint a The Park lawyer of your choosing. However, where the property lawyer appointed is not on the mortgage company approved list additional charges will be incurred as separate legal representation will be required by them. Lender panel applications may be submitted, so where your conveyancer has not historically applied for membership they should take the chance to apply.
I am purchasing a house and the lawyer has mentioned Chancel Repair for which the property could be obligated to contribute to given it’s proximity to the area of such a church. He has mentioned insurance. Is this strictly appropriate for conveyancing in The Park
Unless a prior purchase of the premises took place post 12 October 2013 you may expect solicitors handling conveyancing in The Park to continue to suggest a chancel search and or chancel repair liability insurance.
I have recentlybecome aware that Action Conveyancing have been shut down. They conducted my conveyancing in The Park for a purchase of a leasehold flat 18 months ago. How can I check that my home is in my name in the name of the previous owner?
The easiest way to see if the premises is registered to you, 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 The Park conveyancing specialists.
Just had an offer accepted on a new build apartment in The Park. Conveyancing is a frightening process 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 selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in The Park
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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. 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. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Due to the guidance of my in-laws I had a survey completed on a property in The Park prior to retaining solicitors. I have been told that there is a flying freehold element to the property. My surveyor advised that some mortgage companies may refuse to give a loan on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in The Park. Conveyancing may be slightly more expensive based on your lender's requirements.
I have recently realised that I have Sixty One years remaining on my flat in The Park. I now want to get lease extension but my freeholder is can not be found. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you have used your best endeavours to locate the landlord. On the whole a specialist would be useful to conduct investigations and prepare an expert document which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court overseeing The Park.
The Park Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying
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Does the lease have in excess of 80 years remaining? What prohibitions exist in the The Park Lease? Is there a share of the freehold?