The Walton conveyancing firm handling our Walton conveyancing has uncovered a discrepancy when comparing the information in the valuation survey and what is in the legal papers for the property. My lawyer has advised that he needs to ensure that the lender is OK with this discrepancy and is content to go ahead. Is my conveyancer’s approach appropriate?
Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
It is a dozen years since I bought my house in Walton. Conveyancing lawyers have just been retained on the sale but I can't find the title deeds. Will this jeopardise the sale?
Don’t worry too much. First the deeds may be retained by the lender or they could still be with the conveyancers who handled your purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. Nearly all conveyancing in Walton relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Me and my brother have a terraced Georgian house in Walton. Conveyancing practitioner represented me and Barclays Direct. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Walton and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with your conveyancing solicitor who conducted the work.
I'm purchasing a new build house in Walton with the aid of help to buy. The developers would not budge the amount so I negotiated five thousand pounds worth of extras instead. The property agent suggested that I not inform my conveyancer about this deal as it will impact my loan with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Having checked my lease I have discovered that there are only 72 years remaining on my flat in Walton. I am keen to extend my lease but my landlord is can not be found. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. In some cases an enquiry agent would be useful to try and locate and to produce a report which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court covering Walton.
I am the registered owner of a ground-floor 1960’s flat in Walton. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the sum payable for the purchase of the freehold?
in cases where there is a absentee freeholder or if there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to determine the price payable.
An example of a Lease Extension decision for a Walton residence is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case related to 1 flat. The number of years remaining on the existing lease(s) was 82.93 years.
How do I search for a Walton conveyancing solicitor on the lender conveyancing panel? I have a car and am prepared to travel up to 10miles to attend the conveyancer.
You can use the find a conveyancing panel search on this website. Please choose the lender and your location, in this case Walton and you will see a number of lawyer located nearest Walton. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the mortgage company solicitor panel.