Some advice if I may. My Charlton solicitor is assuring me that she is duty bound toconduct Charlton conveyancing searches asthe firm are on the Santanderconveyancing panel. Is my lawyer correct?
You have limited options available to you. Given that you are taking out a loan with a bank your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Charlton conveyancing searches.
Should our solicitor be raising enquiries regarding flooding as part of the conveyancing in Charlton.
Flooding is a growing risk for solicitors dealing with homes in Charlton. There are those who purchase a property in Charlton, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, however there are a various checks that may be initiated by the buyer or by their solicitors which will give them a better appreciation of the risks in Charlton. The conventional set of property information forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to find out whether the property has ever been flooded. If flooding has previously occurred and is not disclosed by the vendor, then a buyer may bring a claim for damages as a result of such an incorrect reply. A buyer’s lawyers should also order an enviro report. This should higlight if there is any known flood risk. If so, additional inquiries should be initiated.
How does conveyancing in Charlton differ for newly converted properties?
Most buyers of new build premises in Charlton come to us having been asked by the builder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because new home sellers in Charlton typically acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Charlton or who has acted in the same development.
Given that I will soon part with over three hundred thousand on a house in Charlton I would like to have a conversation with the lawyer concerning thetransaction in advance of giving the go ahead to the firm. Is this something that you can arrange?
This is something that we encourage - we would be pleased to talk to you we do not take any clients on without you liaising with the lawyer who will be conducting your conveyancing in Charlton.There is no ‘factory style conveyancing’ - each client is unique individual, not a file reference. The law firms that we put you in touch with believe that the fees you are quoted for residential conveyancing in Charlton should be the amount on the final invoice that you end up paying.
My wife and I purchased a leasehold flat in Charlton. Conveyancing and Nottingham Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Charlton who previously acted has long since retired. Do I pay?
The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Charlton conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Charlton conveyancing firm to represent me?
in cases where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to determine the premium.
An example of a Lease Extension case for a Charlton property is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case affected 2 flats. The unexpired residue of the current lease was 72 years.
Do I cancel the direct debit for my mortgage with Yorkshire BS once a completion date for my sale in Charlton has been set?
You are best advised to keep meeting any mortgage payments to Yorkshire BS until the mortgage is discharged on completion as part of your Charlton conveyancing.