My aunt passed away six months ago and as sole heir and executor I was left the house in Belvedere. The house had a relatively small loan remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to TSB, pay off the mortgage. Is this possible?
If you plan to re-mortgage then TSB will require that you use a conveyancer on the TSB conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your TSB conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the TSB mortgage is registered as a charge at the Land Registry.
Should our solicitor be asking questions concerning flooding as part of the conveyancing in Belvedere.
The risk of flooding is if increasing concern for solicitors dealing with homes in Belvedere. There are those who acquire a house in Belvedere, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a number of searches that can be initiated by the purchaser or by their lawyers which should give them a better appreciation of the risks in Belvedere. The standard completed inquiry forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a usual inquiry of the seller to determine if the premises has ever been flooded. If flooding has previously occurred which is not disclosed by the owner, then a purchaser may bring a claim for damages stemming from an misleading response. The buyer’s solicitors may also commission an environmental search. This should reveal if there is a recorded flood risk. If so, further inquiries should be conducted.
I purchased a renovated Victorian property in Belvedere. Conveyancing lawyer acted for me and Coventry Building Society. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, the second leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Belvedere and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with your conveyancing lawyer who conducted the conveyancing.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Belvedere. 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 is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Belvedere
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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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply a car parking plan. 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. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
My husband and I are first time buyers - had an offer accepted, yet the estate agent has warned us that the vendor will only go ahead if we appoint the agent's preferred lawyers as they want an ‘expedited deal’. My instinct tells me that we should use a high street conveyancer who is familiar with conveyancing in Belvedere
It is improbable the sellers are driving this. Should the owner desire ‘a quick sale', turning down a motivated purchaser is likely to cause more damage than good. Try to communicate with the owners directly and make the point that (a)you are genuine purchasers (b)you are ready to go, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)however you intend to appoint your own,trusted Belvedere conveyancing solicitors - rather thanthose that will provide the estate agent a referral fee or meet his conveyancing targets pre-set by head office.
We have reached the end of our tether in trying to purchase the freehold in Belvedere. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We are happy to put you in touch with a Belvedere conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Belvedere flat is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case affected 13 flats. The unexpired lease term was 76 years.
When it comes to leasehold conveyancing in Belvedere what are the most common lease problems?
There is nothing unique about leasehold conveyancing in Belvedere. All leases are unique and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:
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Repairing obligations to or maintain elements of the property A provision for the recovery of money spent for the benefit of another party.
A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Leeds Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.
