My flat in Waltham Abbey is up for sale and I have a buyer. Will my property lawyer need to be on the Skipton conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Skipton conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently currently.
I am selling our house in Waltham Abbey and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. Any local lawyer would know that there is no such problem. It does beg the question why the purchasers instructed a factory type conveyancing firm as opposed to a conveyancing solicitor in Waltham Abbey. Having lived in Waltham Abbey for six years we know of no issue. Do we get in touch with our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
Are there restrictive covenants that are commonly identified during conveyancing in Waltham Abbey?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Waltham Abbey. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what should have been a simple, no chain conveyancing. Waltham Abbey is the location of the property. What do you suggest?
Flying freeholds in Waltham Abbey are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Waltham Abbey you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Waltham Abbey 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.
In what way can the Landlord & Tenant Act 1954 impact my business premises in Waltham Abbey and how can you help?
The particular law that you refer to affords protection to commercial tenants, giving them the right to make a request to court for a new tenancy and continue in occupation when the lease reaches an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and assist with commercial conveyancing in Waltham Abbey
I’m about to sell my garden flat in Waltham Abbey.Conveyancing is yet to be initiated however I have recently had a quarterly maintenance charge demand – should I leave it to the buyer to sort out?
It best that you discharge the maintenance contribution as usual as all ground rent and service payments will be apportionedas part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process