It is is a decade since I acquired my home in Whitnash. Conveyancing solicitors have just been appointed on the sale but I am unable to locate my title documents. Is this a major issue?
You need not be too concerned. Firstly there is a chance that the deeds will be kept by the lender or they may be in the possession of the solicitor who acted in your purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Nearly all conveyancing in Whitnash involves registered property but in the unlikely event that your home is not registered it adds to the complexity but is resolvable.
I am mortgaging my house in Whitnash, does my lawyer have to be on the Skipton Conveyancing panel?
There is nothing to stop you using your solicitor, but Skipton will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
I am buying a new build apartment in Whitnash. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Whitnash
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Please confirm the Lease plans are surveyor prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
I opted to have a survey done on a property in Whitnash ahead of appointing lawyers. I have been advised that there is a flying freehold overhang to the house. The surveyor advised that some banks will refuse to issue a loan on this type of home.
It depends who your proposed lender is. Santander has different requirements for example to Nationwide. If you call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Whitnash. Conveyancing may be slightly more expensive based on your lender's requirements.
Last July I purchased a leasehold house in Whitnash. Do I have any liability for service charges for periods before my ownership?
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. Strange as it may seem, 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).
Leasehold Conveyancing in Whitnash - Sample of Questions you should ask before buying
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The prefered form of lease structure is a share of the freehold. In this arrangement the tenants benefit from control and even though a managing agent is frequently employed if it is larger than a house conversion, the managing agent is directed by the tenants. Is there a share of the freehold? It would be prudent to find out as much as possible concerning the managing agents as they will either make your living at the property much easier or problematic. As the owner of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to practical matters such as the cleanliness of the communal areas. Don't be shy to ask other people if they are happy with them. In conclusion, find out the dates that the maintenance fees are due to the managing agents and specifically what you get for your money.
I require the services of a lender panel solicitor in Whitnash. Can you assist?
Unfortunately it’s not apparent why you need a Whitnash panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to the mortgage company to find out which solicitors in Whitnash are on their panel . If you do find such a firm in Whitnash not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site