It is is a decade since I acquired my house in Mottingham. Conveyancing solicitors have just been appointed on the sale but I can't find my title deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly there is a possibility that the deeds will be retained by the mortgage company or they may be in the possession of the solicitor who acted in the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Mottingham involves registered property but in the rare situation where your property is unregistered it adds to the complexity but is not insurmountable.
Are there restrictive covenants that are commonly identified during conveyancing in Mottingham?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Mottingham. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
The estate agent has sent us the confirmation of our purchase of a new build apartment in Mottingham. Conveyancing is daunting 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 selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Mottingham
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
How can the Landlord & Tenant Act 1954 impact my business offices in Mottingham and how can you help?
The 1954 Act gives protection to commercial tenants, granting the right to make a request to court for a continuation of occupancy at the end of an expired lease. There are limited grounds where a landlord can refuse a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Mottingham is one of our hundreds of areas of the UK in which our lawyers have offices
I have recently realised that I have Fifty years remaining on my lease in Mottingham. I am keen to extend my lease but my landlord is missing. What options are available to me?
If you qualify, 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 enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the lessor. On the whole a specialist should be helpful to try and locate and prepare a report to be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Mottingham.
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a Mottingham conveyancing firm to help?
You certainly can. We can put you in touch with a Mottingham conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Mottingham residence is 49 Woodstock Court Burnt Ash Hill in May 2012. the payment of £64,116 by the leaseholder was the premium which the Tribunal found due for the lease extension in this case. This case was in relation to 1 flat. The unexpired term was 23.26 years.
My intention is to acquire a garden maisonette in Mottingham. Conveyancing lawyer has been waiting for, from the seller, building insurance documents. Earlier today I was advised that the vendor needs to send the insurance paperwork for the flat above in addition. Why does my property lawyer want to check the insurance for the flat above? Is it strictly required? We have been stalled for the previous month…
It is not impossible in leasehold conveyancing in Mottingham to discover Conveyancing in Mottingham in a minority of cases reveals that the lease provides for the leasehold owners to insure their individual flats as opposed to the landlord insuring the complete block - which is definitely preferable. You should contact your conveyancer but it would seem that your lawyer is seeking to verify that the entire building is insured. Insuring your flat is no help when it comes to rebuilding after a fire if the 1st floor cannot be reconstructed due to lack of insurance cover.