My uncle passed away six months ago and as sole heir and executor I was left the property in Tintagel. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this possible?
If you plan to re-mortgage then RBS will insist on your using a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.
My wife and I buying a victorian detached house in Tintagel. Our aim is to carry out an extension to the side at the house.Will legal due diligence on the property include enquiries to ascertain if these works are permitted?
Your conveyancer should review the deeds as conveyancing in Tintagel will sometimes reveal restrictions in the title deeds which prevent certain changes or require the permission of another owner. Certain extensions need local authority planning consent and approval in accordance building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be wise to check these things with a surveyor before you commit yourself to a purchase.
I am the single recipient of my late mum's will and I have everything in my name alone, including the my former home in Tintagel. The Tintagel property was put into my name in August. I want to move. I understand that there is a CML six month 'rule', meaning my property ownership may be regarded the same way as though I had purchased the house in August. Will no one buy the property for half a year?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. many mortgage companies would take a practical view as this requirement primarily exists to identify subsales or the flipping of property.
We were going to get a OIP from Coventry BS this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Coventry BS recommend any Tintagel solicitors on the Coventry BS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Tintagel solicitors independently although you'll need to choose one on the Coventry BS conveyancing panel. The solicitor represents both you and Coventry BS through the process.
I have been told that property searches are a common reason for hinderance in Tintagel conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances in the conveyancing process. Local searches are not likely to feature in any slowing down conveyancing in Tintagel.
I have recentlyfound out that Arc property Solicitors have closed. They carried out my conveyancing in Tintagel for a purchase of a leasehold flat 18 months ago. How can I be sure that my home is registered correctly in the name of the former proprietor?
The easiest way 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 Tintagel conveyancing specialists.
My wife and I may need to rent out our Tintagel garden flat temporarily due to taking a sabbatical. We used a Tintagel conveyancing practice in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your previous Tintagel conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the premises. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining consent. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.
Tintagel Conveyancing for Leasehold Flats - Examples of Queries before buying
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Please note if it is fewer than eighty years it will impact the marketability of the flat. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will probably need a lease extension at some point and it is worth finding out what this will be. For most Tintagellease extensions you would need to own the property for two years before you are legally able to extend the lease. Best to be warned if a new roof is being installed or some other significant cost is due in the near future to be shared by the leasehold owners and may well dramatically impact the level of the service costs or necessitate a one time payment. Does the lease contain onerous restrictions?
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the bank conveyancing panel. My lawyer has said that they are on the lender approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the mortgage company conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the mortgage company solicitor panel.