It is is a decade since I acquired my property in Winchester. Conveyancing solicitors have recently been retained on the sale but I am unable to locate my title documents. Is this a problem?
Don’t worry too much. First there is a chance that the deeds will be kept by your lender or they could still be with the lawyers who handled your purchase. Secondly the likelihood is that 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 lawyers obtaining up to date copy of the land registers. Most conveyancing in Winchester relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Forgive me if this question is silly but I am wet behind the ears as a first time buyer of a garden flat in Winchester. Do I collect the keys to the premises on completion from my lawyer? If this is the case, I will appoint a High Street conveyancing solicitor in Winchester?
On the day of completion you do not need to attend the conveyancers office in Winchester. Your solicitors will arrange to send the completion advance to the vendor’s conveyancers, and once they have received this, you will be called to collect the keys from the selling Agents and start moving into the property. Usually this occurs early afternoon.
I'm the sole recipient of my late grandmother’s will and I have everything in my name now, including the my former home in Winchester. Conveyancing formalities meant that the Land Registry date was in October. I now wish to sell up. I do know about the Mortgage Lenders 6 month 'rule', meaning my property ownership could be treated the same way as though I had purchased the property in October. Do I have to wait 6 months to sell?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. many lenders would take a pragmatic view as this provision is primarily there to pick up on subsales or the wholesaling and assigning of property.
We are getting the release of further funds on our mortgage from RBS as we wish to conduct improvements to our home in Winchester. Are we obliged to select a local Winchester solicitor on the RBS conveyancing panel to deal with the legals?
RBS would not normally require a member of their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS conveyancing panel.
I own a terraced Victorian house in Winchester. Conveyancing practitioner acted for me and HSBC Bank. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold under the exact same property. I thought I was buying a freehold how can I check?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Winchester and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing lawyer who conducted the purchase.
I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Winchester is where the house is located. Can you offer any guidance?
Flying freeholds in Winchester are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Winchester you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Winchester 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 property.
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At this site obtain a fixed fee quote from a Solicitor or Licensed Conveyancer that understands the issues of your conveyancing in Winchester. Unlike many estate agents and many comparison sites we do not charge firms a fee if you instruct them for your conveyancing in Winchester
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Winchester. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?
Most houses in Winchester are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Winchester in which case you should be looking for a Winchester conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your lawyer will report to you on the legal implications.
I bought a basement flat in Winchester, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Comparable properties in Winchester with an extended lease are worth £186,000. The ground rent is £55 charged once a year. The lease expires on 21st October 2079
With just 53 years remaining on your lease the likely cost is going to be between £27,600 and £31,800 plus professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. 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 taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.