My lawyer in Alton is not on the Santander Solicitor Panel. Can I still use my family solicitor notwithstanding that they are not on the Santander panel of approved conveyancing solicitors?
The limited options available to you here include:
- Carry on with your existing Alton solicitors but Santander will need to use a conveyancer on their panel. This will inevitably rack up the overall conveyancing fees as well as result in frustration.
- Find an alternative solicitor to to deal with the conveyancing, obviously checking they are Santander approved.
- Try to convince your Santander based solicitor to seek to join the Santander panel
When it comes to mortgage companies such as Kent Reliance, do Alton solicitors face a fee to be on the conveyancing panel?
We are unaware of any lender fees to be on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
We were going to get a AIP from HSBC this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do HSBC recommend any Alton solicitors on the HSBC conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Alton solicitors independently although you'll need to choose one on the HSBC conveyancing panel. The solicitor represents both you and HSBC through the process.
I am due to exchange contracts on my apartment. I had a double glazing fitted in September 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Kent Reliance are being difficult. The Alton solicitor who is on the Kent Reliance conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Kent Reliance are requiring a building regulation certificate. Why do Kent Reliance have a conveyancing panel if they don't accept advice from them?
It is probably the case that Kent Reliance have referred the matter to their valuer. The reason why Kent Reliance may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Alton. Conveyancing is daunting 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.
Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Alton
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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. Please confirm the Lease plans are surveyor prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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 house I have offered on two weeks back in what should have been a quick, chain free conveyancing. Alton is the location of the property. Can you offer any advice?
Flying freeholds in Alton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Alton you would need to get your solicitor to go 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 Alton 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 residence.
Having checked my lease I have discovered that there are only 62 years remaining on my lease in Alton. I now want to extend my lease but my landlord is absent. 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 apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you have made all reasonable attempts to track down the freeholder. For most situations a specialist may be useful to try and locate and to produce an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court covering Alton.
Leasehold Conveyancing in Alton - A selection of Questions you should ask Prior to Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments? Is there a share of the freehold? For many Alton leaseholds the outlay for major works are not included within maintenance charges, albeit that some managing agents in Alton require leasehold owners to contribute towards a sinking fund and this is used to offset against major works.
I happen to be an executor of my recently deceased parent's Will, with a house in Alton which will be marketed. The house has never been registered at HMLR and I'm told that some EAs will insist that it is in place before they will proceed. What's the mechanism for this?
In the situation that you have set out it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.