My partner and I are acquiring a newly built flat in Lingfield and my lawyer is telling me that she has to the mortgage company to reveal incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I would rather not prolong the conveyancing. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Finally the sale completed on my house in Lingfield last July but our buyer keeps whats apping every few hours to say their conveyancer is waiting to hear from mine. What should have happened following completion?
Following your disposal your lawyer should deliver the transfer documentation and all additional paperwork to the buyer’s lawyers. Depending on the transaction, your lawyer should also send confirmation that the home loan has been repaid to the buyers solicitors. There is unlikely to be post completion steps peculiar conveyancing in Lingfield.
We are due to move home in May. Will my conveyancing solicitor communicate with the removal company on the day of completion. On a separate note, can you recommend a removal company in Lingfield. Conveyancing lawyer was organised prior to coming across this website.
On the day of completion you will need to collect the house keys from your estate agent but this can only occur once the sellers conveyancers confirm to the agent that they have the completion monies and the keys can be passed over. Subsequently you will need to inform the removal men that you are ready to move in. As a matter of policy we do not suggest a particular removal company but can assist you in finding a conveyancing in Lingfield or a legal practice that specialises in conveyancing in Lingfield.
I have decided to exercise my right to buy my property in Lingfield off the council. I have a mortgage agreed with Clydesdale. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Clydesdale, you will need to appoint a solicitor on the Clydesdale conveyancing panel.
After shopping around on the internet I have found a Lingfield solicitor having made sure that they are on the UBS conveyancing panel. Does my lawyer arrange the survey of the property?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Lingfield surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I am buying a new build flat in Lingfield. Conveyancing is necessary evil 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.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Lingfield
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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.
I've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a straight forward, chain free conveyancing. Lingfield is the location of the property. What do you suggest?
Flying freeholds in Lingfield are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Lingfield you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lingfield may decide 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.
Having checked my lease I have discovered that there are only 72 years remaining on my lease in Lingfield. I now wish to get lease extension but my freeholder is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to find the landlord. For most situations an enquiry agent may be useful to conduct investigations and prepare an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the application to the County Court covering Lingfield.
I acquired a ground floor flat in Lingfield, conveyancing was carried out in 1996. Can you work out an approximate cost of a lease extension? Corresponding properties in Lingfield with an extended lease are worth £211,000. The ground rent is £45 invoiced every year. The lease runs out on 21st October 2091
You have 67 years left to run we estimate the premium for your lease extension to span between £10,500 and £12,000 plus legals.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.