My wife and I are approaching an exchange on a property in Uttoxeter and my mum and dad have transferred the 10% deposit to my solicitor. I am now informed that as the deposit has been received from someone other than me my lawyer needs to disclose this to my lender. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I advised the lender regarding my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
Your conveyancing practitioner is duty bound to clarify with the bank to make sure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only report this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
I am the registered owner of a freehold property in Uttoxeter yet pay rent, why is this and what is this?
It is rare for properties in Uttoxeter and has limited impact for conveyancing in Uttoxeter 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 date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
My uncle passed away 10 months ago and as sole heir and executor I was left the property in Uttoxeter. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to TSB, pay off the mortgage. Is this allowed?
Given you intend to refinance then TSB will require that you use a conveyancer on the TSB 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 TSB 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 TSB mortgage is registered as a charge at the Land Registry.
A friend informed me that in buying a property in Uttoxeter there may be a number of restrictions prohibiting external alterations to a property. Is this right?
There are anumerous of properties in Uttoxeter which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Uttoxeter should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are planning to move home in June. Should my conveyancing solicitor call the removal company on the day of completion. Incidentally, can you suggest a removal company in Uttoxeter. Conveyancing firm was chosen prior to coming across this site.
On the day of completion you can pick up the house keys from your property agent but this can only occur when the previous owners lawyers confirm to the agent that they acknowledge receipt of the completion payment and the keys can be passed over. You will need to advise the removal men that they can start moving you in. As a matter of policy we do not recommend a particular removal organisation but can assist you in choosing a residential property solicitor in Uttoxeter or a legal practice with expertise in conveyancing in Uttoxeter.
We expect to receive a AIP from Clydesdale this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Clydesdale recommend any Uttoxeter solicitors on the Clydesdale conveyancing panel, or is it better to go independently?
You will need to appoint Uttoxeter solicitors independently although you'll need to choose one on the Clydesdale conveyancing panel. The solicitor represents both you and Clydesdale through the process.
Should our solicitor be raising questions regarding flooding during the conveyancing in Uttoxeter.
Flooding is a growing risk for conveyancers dealing with homes in Uttoxeter. There are those who buy a property in Uttoxeter, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a numerous checks that can be undertaken by the buyer or by their solicitors which should give them a better appreciation of the risks in Uttoxeter. The standard information sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to determine if the property has historically flooded. If flooding has previously occurred which is not revealed by the owner, then a buyer may commence a legal claim for losses resulting from an misleading response. The buyer’s conveyancers may also conduct an enviro search. This will indicate whether there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.
The estate agent has sent us the confirmation of our purchase of a new build flat in Uttoxeter. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Uttoxeter
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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.