My solicitor has discovered a a legal deficiency with the lease for the flat we are purchasing in Battle. The other side have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor says that he must be satisfied that the bank is content with this solution. Are we the client or is the bank?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
Having sold my house in Battle last February but my buyer keeps texting every few hours complaining that their conveyancer is waiting to hear from mysolicitor. What are the post completion sale formalities now that I have sold?
Post completion of your sale your solicitor is duty bound to deliver the transfer documentation and all supplemental paperwork to the purchaser's solicitors. Depending on the transaction, your solicitor must also confirm that the mortgage has been redeemed to the buyers solicitors. There is unlikely to be post completion steps unique to conveyancing in Battle.
Despite weeks of looking the Title Certificate and documents to my property are lost. The conveyancers who did the conveyancing in Battle 10 years ago no longer exist. What are my options?
In today’s world there are copies made of almost everything, and your conveyancer should know exactly where to look for all the relevant paperwork so you can buy or dispose of your property without a hitch. If duplicates can’t be located, your conveyancer may be able to put in place insurance or indemnities against future claims on the property.
I opted to have a survey carried out on a property in Battle before appointing conveyancers. I have been told that there is a flying freehold element to the house. My surveyor advised that some mortgage companies will refuse to grant a mortgage on such a property.
It depends who your proposed lender is. Santander has different requirements for example to Nationwide. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Battle. Conveyancing will be smoother if you use a solicitor in Battle especially if they regularly deal with such properties in Battle.
Am I best advised to go with a Battle conveyancing solicitor based in the location that I am purchasing? We have a good friend who can perform the conveyancing but her office is a couple of hundredmiles drive away.
The benefit of a high street Battle conveyancing practice is that you can attend the office to sign paperwork, present your identification documents and pester them where appropriate. They will also have local knowledge which is a benefit. That being said it's more important to get someone that will do a good and efficient job. If if people you trust used your friend and the majority were happy that should trump using an unfamiliar Battle conveyancing lawyer solely due to them being round the corner.
I would like to rent out my leasehold flat in Battle. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Even though your last Battle conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you need to obtain consent from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord for their consent.
I inherited a split level flat in Battle, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Battle with over 90 years remaining are worth £197,000. The average or mid-range amount of ground rent is £55 per annum. The lease terminates on 21st October 2078
You have 55 years unexpired we estimate the premium for your lease extension to be between £31,400 and £36,200 as well as legals.
The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.