I am need of leasehold conveyancing for an apartment in a fairly new development (6 years built) in Clayhall. 95% of the appartments are already sold. Do I need carry out the local searches for my conveyancing in Clayhall?
You are putting yourself at risk in failing carrying out Clayhall conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal necessity to have them, but we would strongly advise in no uncertain terms that you have them. Where speed and price are primary concerns you should consider with your solicitor about the options such as lack of search insurance available to you
I am planning on selling our home in Clayhall and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A local conveyancer would know that there is no such problem. It does beg the question why the buyers are using a nationwide conveyancing practice rather than a conveyancing solicitor in Clayhall. Having lived in Clayhall for 4 years we know of no issue. Do we contact our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing solicitor currently acting for you. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
I moved into my home on 2 October and the transaction details is yet to be registered. Should I be concerned? My conveyancing solicitor in Clayhall said it would be formalised in less than a month. Are transfers in Clayhall uniquely lengthy to register?
There is nothing unique when it comes to conveyancing in Clayhall registration formalities. As opposed to being determined by geographic area, timeframes can differ subject to who lodges the application, whether it is in order and whether the Land registry have to notify any other parties. At present approximately 80% of such applications are fully addressed within 12 days but occasionally there can be extensive hold-ups. Historically registration takes place after the buyer is living at the property thus an expedited registration is not typically primary concern yet if it is urgent that the the registration takes place urgently then you or your conveyancer could speak with the land registry and explain the circumstances.
I am buying a new build apartment in Clayhall. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Clayhall
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? There must be mutual enforceability of lessee’s covenants. 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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a simple, chain free conveyancing. Clayhall is where the house is located. Can you offer any assistance?
Flying freeholds in Clayhall are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Clayhall you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Clayhall may ascertain 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.
I’m about to sell my basement flat in Clayhall. Conveyancing solicitors are to be appointed soon, but I have just had a half-yearly service charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all rents and maintenance invoices should be apportioned on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most managing agents 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.
We have reached the end of our tether in trying to purchase the freehold in Clayhall. Can the Leasehold Valuation Tribunal adjudicate on premiums?
if there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to make a decision on the price.
An example of a Freehold Enfranchisement decision for a Clayhall property is 59 & 59a Clarendon Gardens in February 2014. The Tribunals valuation for the freehold was £30,073.00 The unexpired residue of the current lease was 65 and 61.