It is 10 years ago since I bought my home in Devon. Conveyancing lawyers have now been retained on the sale but I am unable to find my title documents. Will this cause complications?
You need not be too concerned. Firstly the deeds may be with the lender or they could be in the possession of the solicitor who handled your purchase. Secondly in most cases the land will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. Almost all conveyancing in Devon relates to registered property but in the unlikely event that your home is unregistered it is more problematic but is not insurmountable.
The Devon conveyancing firm that I recently instructed on my house acquisition in Devon have without warning closed. They were on acting for me because I needed a lawyer on the Nottingham conveyancing panel and my family Devon lawyer was not. I issued them a cheque for £250 in advance. What are my options?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Nottingham conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
How does conveyancing in Devon differ for newly converted properties?
Most buyers of new build residence in Devon contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is ready to move into. This is because developers in Devon typically acquire the site, 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 conveyancers 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 Devon or who has acted in the same development.
In my capacity as executor for the will of my aunt I am disposing of a house in Cardiff but I am based in Devon. My lawyer (based 200 kilometers awayneeds me to execute a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing practitioner in Devon who can attest and place their company stamp on the document?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are located in Devon
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £375,000 flat in Devon next week. The management company has quoted £300 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Devon?
Devon conveyancing on leasehold maisonettes usually necessitates the buyer’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to address such questions most will be willing to assist. They are entitled to levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some transactions it is above £800. The management information fee invoiced by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, without which the invoice is technically not due. Reality however dictates that you have little option but to pay whatever is requested of you should you wish to sell the property.
Leasehold Conveyancing in Devon - A selection of Questions you should ask Prior to buying
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Please note that where the lease has no more than eighty years it will have adverse implications on the salability of the apartment. Check with your mortgage company that they are willing to lend 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. For most Devonlease extensions you will be required to have owned the property for two years in order to be entitled to carry out a lease extension. Is anyone aware of any major works in the near future that will likely increase the service charges? For most Devon leaseholds the cost for major works tend not to be wrapped into the service charges, although there some managing agents in Devon obliged leasehold owners to pay into a sinking fund and this is used to offset against major works.
My partner and I intend to acquire our first house in Devon. Conveyancing practitioner already chosen. The mortgage adviser advised that a survey is not needed as the house is only fifteen years old.
As the bare minimum you need a Home Buyer's Report. As the residence was built more than a decade ago the property will be without a warranty, so you don't want to take a risk. Where a property of this age shows no signs of problems a Home Buyer's report could be enough. They will highlight any apparent problems and recommend additional investigation where appropriate. Where there are any indications of problems obtain a full Building Survey from the beginning.