I require conveyancing for a flat in a relatively new development (seven years built) in Battle. The vast majority the properties have already been sold. Is it really necessary to order local searches for my conveyancing in Battle?
You are taking a significant risk in failing carrying out Battle conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal necessity to have them, but we would absolutely advise in no uncertain terms that you have them. If speed and price are primary concerns you should discuss with your lawyer about the viability of search insurance
My property lawyer in Battle is not on the Virgin Money Solicitor Panel. Can I still retain my prefered solicitor notwithstanding that they are excluded from the Virgin Money panel of approved conveyancing solicitors?
Your options are as follows:
- Complete the purchase with your existing Battle lawyers but Virgin Money will need to retain a conveyancer on their panel. This will result in additional total legal fees and result in delays.
- Get an alternative practitioner to to deal with the purchase, obviously checking they are Virgin Money approved.
- Try to convince your Virgin Money based solicitor to try to join the Virgin Money panel
We are close to exchanging contracts on the sale of our home in Battle and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any high street Battle conveyancer would know that there is no such problem. It does beg the question why the buyers instructed a national conveyancing outfit as opposed to a conveyancing solicitor in Battle. We have lived in Battle for 4 years we know of no issue. Is it a good idea to contact our local Authority to get clarification that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer currently acting for you. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
The estate agent has sent us the confirmation of our purchase of a new build apartment in Battle. 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 conveyancing.
Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Battle
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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? There must be mutual enforceability of lessee’s covenants. 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. 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.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. Battle is where the house is located. Is there any guidance you can give?
Flying freeholds in Battle are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Battle you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Battle may ascertain 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.
I'm refinancing my primary home to a BTL mortgage with Yorkshire Building Society and intend to use the remaining equity towards another property. The location we are looking at is Battle. Will your solicitors be able to act for both sets of banks and link together the conveyances?
Do use our comparison tool on this site to ensure that the lawyers are approved by both banks. Assuming that they are your lawyer should be able to simultaneously deal with the two transactions but you should talk with you lawyer and specify your desired outcome and needs.