It is is a decade since I bought my home in Earls Court. Conveyancing solicitors have just been retained on the sale but I am unable to locate my title deeds. Is this a major issue?
You need not be too concerned. First the deeds may be with your mortgage company or they could be in the possession of the lawyers who acted in your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. Almost all conveyancing in Earls Court relates to registered property but in the unlikely event that your property is not registered it adds to the complexity but is resolvable.
I am selling my home in Earls Court. Will the conveyancer need to be on the Aldermore conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Aldermore conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their conditions fairly frequently in recent years.
My wife and I own a renovated Edwardian house in Earls Court. Conveyancing solicitor acted for me and Leeds Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold under the exact same address. I thought I was buying a freehold how can I check?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Earls Court and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with your conveyancing lawyer who conducted the purchase.
My husband and I are new to the buying process - agreed a price, yet the estate agent informed us that the seller will only issue a contract if we appoint the agent's chosen lawyers as they need an ‘expedited deal’. Our preferred option is to instruct a high street conveyancer accustomed to conveyancing in Earls Court
We suspect that the seller is not behind this requirement. If they require ‘a quick sale', turning down a serious purchaser is is going to put the whole deal at risk. Bypass the agents and go straight to the owners and make sure they understand (a)you are genuine purchasers (b)you are excited to move forward, with finances in place © you are chain free (d) you intend to proceed fast (e)however you intend to instruct your preferred Earls Court conveyancing solicitors - not the ones that will earn the estate agent a referral fee or hit his conveyancing figures set by corporate headquarters.
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Earls Court conveyancing firm to assist?
if there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to assess the amount due.
An example of a Freehold Enfranchisement case for a Earls Court property is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case related to 5 flats. The remaining number of years on the lease was 38.98 years.
What makes a Earls Court lease problematic?
Leasehold conveyancing in Earls Court is not unique. All leases are individual and drafting errors can result in certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:
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Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Virgin Money, and Barclays Direct all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to withdraw.
My a decade ago. He has got wed, widowed and has recently remarried. He will be selling the flat in a few weeks. I believe he will simply be requested to supply copies of his marriage certificates to the lawyer but he is concerned it will delay the sale of the flat. Is it worth updating the Land Registry documents for the house?
The is no need to update the register providing you have the proof required to demonstrate how the change of name occurred.
Any buyer’s solicitor will review the title details and requisition evidence by way of proof of the change of name e.g. marriage certificates.