Why is leasehold purchase conveyancing in Christchurch costs more?
In summary, leasehold conveyancing in Christchurch and elsewhere usually necessitates more work compared to freehold transactions. This includes lease investigation, liaising with the landlord concerning the service of appropriate notices, obtaining current service charge and management information, procuring the freeholder’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first entered into.
We are buying a house and the lawyer has referenced Chancel Repair to which the property could be liable given it’s proximity to the area of such a church. He has recommended insurance. Is this strictly appropriate for conveyancing in Christchurch
Unless a previous acquisition of the premises took place post 12 October 2013 you may take it that conveyancing practitioners delivering conveyancing in Christchurch to continue to recommend a chancel search and or insurance against a claim.
Me and my brother have a 4 bedroom Victorian house in Christchurch. Conveyancing lawyer represented me and Yorkshire Building Society. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold with the exact same address. I'd like to know for sure, how can I find out??
You need to read the Freehold register you have again and check the Charges Register for 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 Christchurch 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 question the position with the conveyancing lawyer who conducted the purchase.
Yesterday I discovered that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a straight forward, chain free conveyancing. Christchurch is where the house is located. Can you offer any assistance?
Flying freeholds in Christchurch are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Christchurch you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Christchurch 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 residence.
My father has suggested that I use his conveyancers in Christchurch. Do I follow his advice?
Much as we are happy to recommend a Christchurch conveyancing lawyer the ideal way to choose a conveyancing lawyer is to seek feedback from friends or relatives who have actually experience in using the conveyancer that you are contemplating using.
I only have 62 years unexpired on my flat in Christchurch. I now want to extend my lease but my landlord is can not be found. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the freeholder. In some cases an enquiry agent may be helpful to conduct investigations and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the application to the County Court overseeing Christchurch.
Christchurch Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
You should be aware if it is less than 80 years it will affect the value of the apartment. It is worth checking with your bank that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will need to own the residence for 24 months in order to be eligible to exercise a lease extension. Make sure you enquire if the the lease contains any onerous restrictions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Christchurch. If you love the apartmentin Christchurch however your cat is not allowed to make the move with you then you have a very difficult compromise. How long is the Lease?