My uncle passed away last year and as sole heir and executor I was left the house in Bures. The house had a small mortgage remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to Kent Reliance, pay off the mortgage. Is this allowed?
Where you plan to refinance then Kent Reliance will insist on your using a conveyancer on the Kent Reliance 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 Kent Reliance 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 Kent Reliance mortgage is registered as a charge at the Land Registry.
My father advised me that in buying a property in Bures there could be a number of restrictions affecting the ability to carry out external changes to a property. Is this right?
There are anumerous of properties in Bures which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Bures should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am expecting a OIP from TSB this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do TSB recommend any Bures solicitors on the TSB conveyancing panel, or is it better to go independently?
You will need to appoint Bures solicitors independently although you'll need to choose one on the TSB conveyancing panel. The solicitor represents both you and TSB through the process.
I can not fathom if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Bures bank branch on a couple of occasions and was informed it wasn't a problem and they will lend. My Bures conveyancing solicitor - who is on the bank conveyancing panel- called to say that they would not lend in accordance with their published requirements. I have no idea who is right.
Provided that the property lawyer is on the bank panel, they must follow the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Should my lawyer be making enquiries regarding flooding during the conveyancing in Bures.
The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Bures. Some people will acquire a house in Bures, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, but there are a numerous checks that can be initiated by the buyer or by their conveyancers which can give them a better understanding of the risks in Bures. The standard information given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to discover if the premises has historically flooded. If flooding has previously occurred which is not disclosed by the owner, then a purchaser may bring a claim for damages resulting from an misleading response. The purchaser’s solicitors should also commission an enviro search. This should disclose whether there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.
The deeds to our house are lost. The solicitors who did the conveyancing in Bures 4 years ago no longer exist. What do I do?
These day there are copies made of almost everything, and your solicitor should know exactly where to locate all the relevant paperwork so you can purchase or sell your house without a hitch. Where copies are not available, your lawyer can arrange cover in the form of insurance or indemnities protecting you against possible claims on your property.
I've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a simple, no chain conveyancing. Bures is the location of the property. Can you shed any light on this issue?
Flying freeholds in Bures are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Bures 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 Bures may decide 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 property.
Estate agents have just been given the go-ahead to market my basement apartment in Bures. Conveyancing solicitors are to be appointed soon, however I have just had a yearly service charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear the maintenance contribution as usual because all rents and maintenance payments should be allotted as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Leasehold Conveyancing in Bures - Sample of Queries Prior to buying
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How many of the leaseholders are in arrears for their service charge payments? You will want to find out as much as you can concerning the company managing the building as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to day to day issues such as the tidiness of the common parts. You should not be afraid to ask other tenants what they think of them. Finally, find out the dates that you are obliged pay the service charge to the relevant party and specifically what you get for your money. Best to be warned if redecorating or some other major work is due in the foreseeable future to be shared by the leaseholders and will dramatically increase the the service fees or necessitate a one off invoice.