Our Brunswick Park conveyancer has spotted a discrepancy between the information in the home valuation survey and what is in the legal papers for the property. My solicitor has advised that he is duty bound to ensure that the bank is OK with this discrepancy and is content to go ahead. Is my conveyancer’s approach correct?
Your lawyer must comply with the UK Finance Lenders’ Handbook provisions 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 you.
It is is a decade since I bought my house in Brunswick Park. Conveyancing solicitors have recently been retained on the sale but I am unable to locate my deeds. Is this a major issue?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by the lender or they could be in the possession of the solicitor who handled your purchase. Secondly the likelihood is that the title will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Brunswick Park relates to registered property but in the rare situation where your home is unregistered it is more problematic but is resolvable.
I am assisting my mother sell her property in Brunswick Park. Does the conveyancer commission an energy assessment or it is for me to coordinate?
Following the abolition of Home Information Packs, energy assessments was kept a required element of selling a house. An EPC must be commissioned in advance of the property being marketed. This is not something that law firms normally organise. Where you are using a Brunswick Park conveyancing lawyer they may be willing to arrange energy assessments given their relationships with reputable Brunswick Park accredited person
My aunt advised me that in buying a property in Brunswick Park there could be a number of restrictions preventing external changes to the property. Is this right?
There are anumerous of properties in Brunswick Park which have some sort of restriction or requirement of consent to execute external changes. Part of the conveyancing in Brunswick Park should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am currently in the process of buying my council flat in Brunswick Park. I have a mortgage offer with Nottingham. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
I have a semi-detached Edwardian property in Brunswick Park. Conveyancing solicitor acted for me and Godiva Mortgages Ltd. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold with the exact same address. I'd like to know for sure, how can I find out??
You should assess 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 Brunswick Park 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 mortgage companies. You can also check the position with your conveyancing lawyer who conducted the purchase.
About to purchase a new build apartment in Brunswick Park. 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 conveyancing.
Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Brunswick Park
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Due to the advice of my in-laws I had a survey completed on a house in Brunswick Park in advance of appointing conveyancers. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some mortgage companies will not issue a loan on such a premises.
It varies from the lender to lender. HSBC has different instructions from Nationwide. Should you wish to telephone us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Brunswick Park. Conveyancing will be smoother if you use a solicitor in Brunswick Park especially if they are accustomed to such properties in Brunswick Park.