It is a dozen years since I bought my house in Derby. Conveyancing solicitors have just been retained on the sale but I can't find my deeds. Is this a problem?
Don’t worry too much. First the deeds may be with the mortgage company or they may be in the possession of the lawyers who handled your purchase. Secondly in all probability the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring up to date copy of the land registers. The vast majority of conveyancing in Derby relates to registered property but in the rare situation where your home is unregistered it is more of a problem but is not insurmountable.
Are there restrictive covenants that are commonly picked up during conveyancing in Derby?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Derby. 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…’
I decided to have a survey completed on a property in Derby ahead of instructing solicitors. I have been told that there is a flying freehold aspect to the property. Our surveyor advised that some mortgage companies tend refuse to issue a loan on a flying freehold property.
It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. Should you wish to call us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Derby. Conveyancing will be smoother if you use a solicitor in Derby especially if they are familiar with such properties in Derby.
I am thinking of appointing a conveyancing lawyer in Derby for my sale. Can I check a solicitor's complaints history with the profession’s regulator?
Members of the public can review published Solicitor Regulator Association (SRA) decisions stemming from investigations from 2008 onwards. Go to Check a solicitor's record. To find details Pre 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The SRA could recorded call for training reasons.
Can you offer any advice when it comes to choosing a Derby conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Derby conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Derby conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be helpful:
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What are the costs for lease extension work? If they are not ALEP accredited then what is the reason?
I inherited a 1st floor flat in Derby, conveyancing having been completed 4 years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Derby with over 90 years remaining are worth £227,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease terminates on 21st October 2096
You have 71 years unexpired the likely cost is going to be between £9,500 and £11,000 plus costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.
I am due to consider costs for conveyancing in Derby from various solicitor and choose one. Do I get them to hold tight until I I have an offer accepted on a house.
We suggest that you only ask your lawyer to commence work and submit searches once the offer has been accepted on the property particularly as Derby conveyancing searches are not cheap.