As someone unfamiliar with conveyancing in Crystal Palace what’s the number one tip you can impart concerning the legal transfer of property in Crystal Palace
Not many law firms or advisers will tell you this but conveyancing in Crystal Palace or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is lots of room for conflict between you and other parties involved in the transaction. For example, the seller, selling agent and on occasion the mortgage company. Appointing a law firm for your conveyancing in Crystal Palace an important selection as your conveyancer is your adviser, and is the ONE party in the legal process whose responsibility is to protect your legal interests and to keep you safe.
We are witnessing a distinct ongoing adversarial element to conveyancing- someone has to be at fault for the process being so protracted. We recommend that you your first instinct should be to trust your solicitor above the other players when it comes to the legal transfer of property.
I know that there are debates on Chancel Insurance on online forums. Am I compelled to have this when acquiring a property in Crystal Palace? or I am told that there is a law dating back centuries that means some house owners residing in a parish church boundary will be compelled to pay for maintenance towards the chancel within the church. Is this appropriate for conveyancing in Crystal Palace?
Unless a prior acquisition of the premises took place post 12 October 2013 you may take it that lawyers handling conveyancing in Crystal Palace to remain recommending a chancel search and or chancel repair liability policy.
Just bought a detached house in Crystal Palace , What is the estimated time for the Land Registry to record the transfer to my name? My Crystal Palace conveyancing solicitor works at snail pace, so I want to be certain that my ownership is recorded.
As far as conveyancing in Crystal Palace registration is no quicker or slower than anywhere else in England and Wales. As opposed to being determined by geographic area, timeframes can differ subject to the party submitting the application, whether there are errors and if the Land registry communicate with any interested persons or bodies. Currently approximately three quarters of such applications are completed in less than three weeks but occasionally there can be longer delays. Registration is effected after the new owner has moved in to the property so post completion formalities is not usually top priority yet if it is urgent that the the registration takes place urgently then you or your solicitor must communicate with the Registry to express the reasoning for the application to be prioritised.
How does conveyancing in Crystal Palace differ for new build properties?
Most buyers of new build premises in Crystal Palace contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is constructed. This is because developers in Crystal Palace typically buy the land, 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 property lawyers 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 accustomed to new build conveyancing in Crystal Palace or who has acted in the same development.
I work for a busy estate agency in Crystal Palace where we have witnessed a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Crystal Palace conveyancing firms. Please can you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Crystal Palace conveyancing firm to act on my behalf?
Absolutely. We can put you in touch with a Crystal Palace conveyancing firm who can help.
An example of a Lease Extension case for a Crystal Palace residence is Flat 1 4 Border Crescent in March 2012. the Tribunal decided that the sum payable by the Applicants to the Respondent in respect of the new lease for the subject property should be £11,616.00 (ElevenThousand and Six Hundred and Sixteen Pounds) This case affected 1 flat. The unexpired term was 72.04 years.
I happen to be an executor of my recently deceased parent's Will, with a house in Crystal Palace which will be marketed. The bungalow has never been registered at the Land Registry and I'm told that some buyers solicitors will insist that it is completed before they'll proceed. What's the mechanism for this?
In the situation you refer to it seems sensible to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.