It is 10 years ago since I purchased my property in Dartford. Conveyancing lawyers have recently been appointed on the sale but I can't find the title documents. Is this a problem?
Don’t worry too much. Firstly the deeds may be retained by the mortgage company or they could still be with the lawyers who handled the purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Most conveyancing in Dartford relates to registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Dartford?
There are two types of lawyers who can carry out conveyancing in Dartford namely licenced conveyancers or solicitors. Both professionals administer the legal services that you need to complete the sale or purchase of property. Both are obliged to conduct Dartford conveyancing on similar quality and guidelines so you can be sure that your conveyancing will be properly carried out and that the requirements and procedures should be accurately followed.
We are getting the release of further funds on our mortgage from Barclays as we intend to conduct a loft conversion to our house in Dartford. Do we need to choose a high street Dartford solicitor on the Barclays conveyancing panel to deal with the legals?
Barclays would not normally appoint a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Barclays list.
I am due to exchange contracts on my apartment. I had a double glazing fitted in May 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, RBS are being difficult. The Dartford solicitor who is on the RBS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but RBS are insisting on a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that RBS have referred the matter to their valuer. The reason why RBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Are there restrictive covenants that are commonly identified during conveyancing in Dartford?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Dartford. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Dartford differ for new build properties?
Most buyers of new build premises in Dartford come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the property is built. This is because developers in Dartford tend to 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 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 Dartford or who has acted in the same development.
My husband and I are FTB’s - had an offer accepted, yet the estate agent advised that the vendor will only issue a contract if we instruct their preferred solicitors as they need a ‘quick sale’. My instinct tells me that we should use a family conveyancer who is accustomed to conveyancing in Dartford
It is improbable the sellers are behind this. If they desire ‘a quick sale', alienating a motivated buyer is not the way to achieve this. Try to communicate with the vendors directly and make sure they comprehend that (a)you are keen to buy (b)you are ready to progress, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)but you will continue to appoint your preferred Dartford conveyancing solicitors - rather thanthose that will provide their negotiator at the agency a kickback or meet his conveyancing thresholds demanded by corporate headquarters.
Last March I purchased a leasehold property in Dartford. Do I have any liability for service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Following months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Dartford. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing landlord or if there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to decide the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Dartford property 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 as at the valuation date was 76 years.