We are expecting a mortgage offer soon. The lender mentioned the loan came with free conveyancing. Does this mean I have to use their panel conveyancer as I would much rather use a Downe based conveyancing firm?
You should check but the chances are that give you one of their panel conveyancers if you take up the "fee-free" deal. Call the bank and determine if they offer you a cash alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Downe.
Should our conveyancer be making enquiries about flooding during the conveyancing in Downe.
Flooding is a growing risk for conveyancers carrying out conveyancing in Downe. Plenty of people will acquire a property in Downe, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to give advice on flood risk, but there are a various searches that may be initiated by the buyer or by their solicitors which can give them a better appreciation of the risks in Downe. The standard completed inquiry forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to find out whether the premises has historically flooded. In the event that flooding has previously occurred which is not disclosed by the owner, then a buyer could issue a compensation claim resulting from an incorrect response. A purchaser’s conveyancers will also commission an environmental report. This will disclose whether there is a recorded flood risk. If so, more detailed inquiries should be made.
I decided to have a survey carried out on a property in Downe before instructing solicitors. I have been informed that there is a flying freehold element to the house. The surveyor advised that some lenders tend refuse to give a mortgage on this type of property.
It varies from the lender to lender. Bank of Scotland has different requirements from Nationwide. Should you wish to call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Downe. Conveyancing will be smoother if you use a solicitor in Downe especially if they are familiar with such properties in Downe.
My uncle has encouraged me to instruct his conveyancing solicitors in Downe. Should I find my own property lawyer?
Much as we are happy to recommend a Downe conveyancing lawyer the ideal way to select a conveyancing lawyer is to seek referrals from friends or relatives who have used the solicitor you're are thinking of instructing.
I own a leasehold house in Downe. Conveyancing and The Mortgage Works mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Downe who acted for me is not around. Any advice?
First contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Downe conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Having spent years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Downe. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to calculate the price payable.
An example of a Lease Extension case for a Downe flat is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The unexpired lease term was 50.57 years.
My hope is to acquire a garden maisonette in Downe. Conveyancing lawyer is waiting for, from the vendor, building insurance schedule. Earlier today I was advised that the seller needs to send the insurance paperwork for the flat above in addition. Why would my lawyer want to check the insurance for the other flat? Is it really necessary? We have been in hold for the last fortnight…
It is not impossible in leasehold conveyancing in Downe to find Conveyancing in Downe in a minority of cases reveals that the lease requires the leasehold owners to insure their individual flats as opposed to the freeholder insuring the entire building - which is definitely better. You should contact your conveyancing practitioner but it would appear that your property lawyer is seeking to establish that the entire building is insured. Insuring your flat is no help when it comes to rebuilding after a fire if the other flat cannot be reinstated as a result of lack of insurance.