My partner and I have just purchased a house in Birch and Middleton. We have since encountered a number of problems with the property which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been conducted as part of conveyancing in Birch and Middleton?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Birch and Middleton. Conveyancing searches and due diligence undertaken as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller completes a document known as a Seller’s Property Information Form. answers ends up being misleading, you could possibly take legal action against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Birch and Middleton.
Can you explain why leasehold purchase conveyancing in Birch and Middleton costs more?
Birch and Middleton leasehold conveyancing transactions usually involve additional investigations than freeholds including investigating the Lease, liaising with the Landlord such as serving relevant notices on the Landlord or managing agent, obtaining up-to-date service charge and management information, obtaining Landlord’s consents and reviewing management accounts and formation documents.
My grandmother passed away 10 months ago and as sole heir and executor I was left the house in Birch and Middleton. 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 Leeds Building Society, pay off the mortgage. Is this possible?
If you plan to refinance then Leeds Building Society will insist on your using a conveyancer on the Leeds Building Society 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 Leeds Building Society 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 Leeds Building Society mortgage is registered as a charge at the Land Registry.
Me and my brother own a semi-detached Victorian house in Birch and Middleton. Conveyancing practitioner acted for me and Chelsea Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You should review 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Birch and Middleton and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with your conveyancing lawyer who carried out the work.
I am buying a new build apartment in Birch and Middleton. Conveyancing is a frightening process 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 legal work.
Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Birch and Middleton
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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. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please confirm the Lease plans are architect prepared. There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Partway through the sale of a leasehold flat in Birch and Middleton. Conveyancing is fine but we have been asked to pay an extortionate amount from the managing agents. So far we have issued a cheque for £237 for a leasehold management information and then a further £117.20 for answers to questions raised by the purchaser's lawyer.
You will not have control over the extent of the bill for this information but the typical fee for the information for Birch and Middleton leasehold property is £355. When it comes to Birch and Middleton conveyancing deals it is standard for the owner to cover the costs. The landlord or their agents are not duty bound to address these questions although many will agree to do so - albeit often at exorbitant prices disproportionate to the work involved. Unfortunately there is no statute that mandates capped charges for administrative tasks. Nor is there any prescriptive time frame by which they are duty bound to provide answers.