Can you help? My Tunbridge Wells solicitor is informing me me that he is legally obliged toapply for Tunbridge Wells conveyancing searches asthe firm are on the Virgin Moneysolicitor panel. Is my lawyer right?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with a bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Tunbridge Wells conveyancing searches.
I am the registered owner of a freehold premises in Tunbridge Wells but still pay rent, why is this and what is this?
It is rare for properties in Tunbridge Wells and has limited impact for conveyancing in Tunbridge Wells but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
What will a local search inform me regarding the property I am buying in Tunbridge Wells?
Tunbridge Wells conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search company for instance PSG The local search is essential in every Tunbridge Wells conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your property. The search will supply data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.
I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a simple, no chain conveyancing. Tunbridge Wells is where the house is located. Can you shed any light on this issue?
Flying freeholds in Tunbridge Wells are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Tunbridge Wells you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Tunbridge Wells may ascertain 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 property.
Last April I purchased a leasehold house in Tunbridge Wells. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I bought a 1 bedroom flat in Tunbridge Wells, conveyancing was carried out December 1998. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Tunbridge Wells with a long lease are worth £181,000. The average or mid-range amount of ground rent is £55 per annum. The lease terminates on 21st October 2077
With 51 years unexpired the likely cost is going to be between £30,400 and £35,200 plus costs.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.
Is it true that a Tunbridge Wells conveyancing firm taken to court by a client for failing to conduct the appropriate conveyancing searches?
We are not aware of such a Tunbridge Wells conveyancing matter but it has been reported that, clients acquiring a home elsewhere in England successfully won a claim against their conveyancing practitioner as a consequence of development plans to construct a wind farm failing to be picked up in conveyancing searches.
If you are purchasing in Tunbridge Wells It is critical that your solicitor carry out all Tunbridge Wells conveyancing searches necessary to ensure you have relevant and up to date information ahead of buying a home in Tunbridge Wells.