My relative advised me that where I am purchasing in East Sussex I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is occasionally included in the estimate for your East Sussex conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about East Sussex around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, East Sussex Education with maps and statistics, Local Amenities and other useful information regarding East Sussex.
The deeds to my home can not be found. The lawyers who did the conveyancing in East Sussex 4 years ago have long since closed. What are my options?
You no longer need to have the physical original deeds to prove you are the owner of your registered land or premises, given that the Land Registry have everything they need in a digital format.
About to purchase a new build flat in East Sussex. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in East Sussex
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Over the last few months I have been searching for a flat up to £305k and found one near me in East Sussex I like with a park and station in the vicinity, however it's only got 51 years unexpired on the lease. There is not much else in East Sussex in this price bracket, so just wondered if I would be making a grave error buying a short lease?
If you need a mortgage that many years will likely be an issue. Discount the price by the anticipated lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for a minimum of twenty four months you may request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease and have £0 ground rent by law. You should speak to your conveyancing solicitor about this.
My step-father has recommend that I use his conveyancers in East Sussex. Do I follow his recommendation?
No doubt it’s preferable to choose a conveyancing solicitor is to seek feedback from friends or family who have actually previously instructed the firm you're considering.
I am a negotiator for a long established estate agent office in East Sussex where we have witnessed a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given contradictory information from local East Sussex conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
East Sussex Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
How long is the Lease? Best to be warned if a new roof is being put on or some other significant cost is pending to be shared amongst the leasehold owners and will materially increase the the service costs or result in a specific payment. How is the lease structured?