My partner and I are acquiring a new build apartment in Cornwall and my conveyancer is informing me that she is duty bound to the bank to reveal incentives from the seller. I am nearing the developer’s deadline to exchange contracts and I have no desire to prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Why do I have to pay up front when it comes to conveyancing in Cornwall?
If you are buying a property in Cornwall your solicitor will request that you place them with monies to cover the search fees. Ordinarily this is needed to cover the fees of the Local Authority Search. If any down payment is as part of the total price then this will be asked for shortly in advance of contracts are exchanged. The closing balance that is needed should be sent to your lawyer shortly before completion.
I am purchasing a garden flat in Cornwall. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Cornwall you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Cornwall.
I have a terraced Victorian house in Cornwall. Conveyancing solicitor represented me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
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 Cornwall 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 lenders. You can also check the situation with your conveyancing lawyer who conducted the purchase.
About to purchase a new build apartment in Cornwall. 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.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Cornwall
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There must be mutual enforceability of lessee’s covenants. 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. 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. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Should one remove a deceased person's details from the title register for a property in Cornwall?
If a Cornwall property is co-owned and one of the proprietors passes away, the name will not automatically be removed from the Land Registry title. It is not necessary to remove their name as when it comes to a disposal you would simply be asked to supply proof why the other owner is missing from the conveyance, ordinarily this takes the form of a grant of probate.
With a view to making things simpler in the future you may apply to have the deceased name removed from the title register by applying to HM Land Registry with proof of the death. There is no charge from the Registry for this service.