I purchased a semi-detached Victorian property in Chafford Hundred. Conveyancing practitioner represented me and Barclays . I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold under the exact same address. 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 Chafford Hundred and other locations in 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 buyers. You can also enquire as to the position with the conveyancing lawyer who carried out the work.
I'm purchasing a new build house in Chafford Hundred with a loan from Halifax. The builders would not budge the price so I negotiated 6k of additionals instead. The sale representative advised me not inform my solicitor about this deal as it would affect my loan with Halifax. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the encouragement of my in-laws I had a survey completed on a property in Chafford Hundred in advance of retaining solicitors. I have been told that there is a flying freehold overhang to the property. Our surveyor has said that some banks will refuse to grant a mortgage on such a home.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to telephone us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Chafford Hundred. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Chafford Hundred to see if the conveyancing costs will increase in light of this.
I need to find a conveyancing solicitor for remortgage conveyancing in Chafford Hundred. I happened to land on a site which appears to be the perfect solution If there is a chance to get all the legals completed via phone that would be preferable. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
Can you provide any top tips for leasehold conveyancing in Chafford Hundred from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Chafford Hundred can be reduced if you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ representatives. If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a flat where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unresolved. A minority of Chafford Hundred leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors. If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Chafford Hundred state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such alterations. Should you dont have the paperwork to hand you should not contact the landlord without checking with your solicitor first. Many freeholders or Management Companies in Chafford Hundred charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Chafford Hundred.
I have given up trying to purchase the freehold in Chafford Hundred. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a missing freeholder or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the premium.
An example of a Lease Extension matter before the tribunal for a Chafford Hundred premises 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 was in relation to 13 flats. The unexpired term was 76 years.
The lawyers carrying out our conveyancing in Chafford Hundred has forwarded papers to review that indicate that the property is unregistered with epitome documents. Is it not the case that all properties in Chafford Hundred should be registered?
It is rare for property in Chafford Hundred not to be registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Many Chafford Hundred conveyancing practitioners should be familiar with this type of conveyancing but in the event that uncertainty prevails the usual guidance these days appears to be for the current owners to register the title first and then sell - this no doubt result in a drawn-out home move.