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Conveyancing in Emsworth : Keep it Local

5 reasons to let us help you select a high street conveyancing solicitor in Emsworth

  • 1 There is a better than average chance that the other side’s solicitors are based in Emsworth - if so sets of solicitors will be familiar
  • 2 Over the years Emsworth property lawyer have developed valuable connections with Emsworth local estate agents, banks, building societies, landlords and house builders enabling them to liaise at speed with all parties involved in the process of undertaking your home move in Emsworth.
  • 3 The organisations shown on our web pages have a variation of conveyancing solicitors, legal executives and support staff handling over one hundred thousand cases each year.
  • 4 This site is the only site that enables you the facility to check that your property ownership legalities in Emsworth will be conducted by a conveyancer on your mortgage lender’s conveyancing panel.
  • 5 Firms accustomed to conveyancing in Emsworth regularly deal withlocal concerns specific to Emsworth and therefore you may benefit from better guidance and expeditious conveyancing.

Examples of recent conveyancing in Emsworth since March 2024*

Recently asked questions about conveyancing in Emsworth

I am progressing with the sale of my home in Emsworth and the EA has just called to advise that the buyers are switching conveyancer. The reason given is that the lender will only engage with solicitors on their approved list. On what basis would a big named mortgage company only work with certain law firms rather the firm that they want to appoint for their conveyancing in Emsworth ?

Lenders have always had an approved set of law firms they are content to work with, but in the last few years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for many years.

Lending institutions attribute this action to a rise in fraud as the reason for the cull – criteria have been tightened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.

Is there a reason why leasehold purchase conveyancing in Emsworth is more expensive?

Emsworth leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.

I recently had an offer agreed on an apartment in Emsworth. My mortgage broker suggested a property lawyer. I paid an on account payment of £175. A couple of days later, the property lawyer called me embarrassingly acknowledging that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

After shopping around on the internet I have found a Emsworth solicitor having made sure that they are on the Barclays conveyancing panel. Does my lawyer arrange the survey of the property?

Barclays will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barclays will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Emsworth surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

After what feels like an age I have had an offer on a flat in Emsworth accepted, the vendors do however have a tied purchase. The vendors have offered on a property, however it’s not been accepted yet, and are looking at other flats in the pipeline. I have selected a high street conveyancing solicitor in Emsworth. What should be my next step? At what stage should I apply for the mortgage with Santander?

It is usual to have concerns where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is approx one thousand pounds, then survey, Emsworth conveyancing search charges, etc). First, you must check that your conveyancer is on the Santander conveyancing panel. Regarding the subsequent phase this very much dictated by the circumstances of your case, desire for this property and on the state of the market. During a hot market some buyers would apply for the mortgage with Santander and pay for the valuation and only if it was satisfactory would they pay their lawyer to move forward with searches.

About to purchase a new build flat in Emsworth. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Emsworth

    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. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision.

I've recently found out that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Emsworth is the location of the property. Can you offer any advice?

Flying freeholds in Emsworth are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Emsworth you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Emsworth may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.

I work for a busy estate agency in Emsworth where we have experienced a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Emsworth conveyancing firms. Could you shed some light as to whether the owner of a flat can start 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser 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 has to be done prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

Leasehold Conveyancing in Emsworth - Examples of Questions you should consider Prior to buying

    What prohibitions are there in the Emsworth Lease? How is the lease structured? How much is the yearly service fee and ground rent?

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Sample of conveyancing solicitors in Emsworth regulated by the SRA

It is important to note that the listed firms do not limit their work for conveyancing in Emsworth but also conveyancing throughout England and Wales.

  • Addison Law, 8 North Street, Emsworth, Hampshire, PO10 7DD
  • Belcher Frost Solicitors Limited, 3 West Street, Emsworth, Hampshire, PO10 7DX
  • Hughes Way, 10 South Street, Havant, Hampshire, PO9 1DA
  • Grenville Young Solicitor, 51 Woodfield Avenue, Portsmouth, Hampshire, PO6 1AN
  • Wilson Wakefield Solicitors, 63 Station Road, West Town, Hayling Island, Hampshire, PO11 0EB

Commercial Conveyancing solicitors in Emsworth regulated by the SRA

The list below is a small selection of solicitors in Emsworth with expertise in commercial conveyancing in Emsworth. This will likely include advice on complex issues under the Landlord and Tenant Act of 1954
  • Belcher Frost Solicitors Limited, 3 West Street, Emsworth, Hampshire, PO10 7DX
  • Hughes Way, 10 South Street, Havant, Hampshire, PO9 1DA
  • Grenville Young Solicitor, 51 Woodfield Avenue, Portsmouth, Hampshire, PO6 1AN
  • Wilson Wakefield Solicitors, 63 Station Road, West Town, Hayling Island, Hampshire, PO11 0EB

Conveyancing in Emsworth is a complex business, both legally and administratively. The exact order of events varies slightly, below are some of the tasks in the process.

  • Conveyancer instructed by the buyer once the offer has been accepted
  • Examining the title to the property
  • Undertaking Emsworth property searches with respect to the property
  • Assessing draft contract pack and other papers supplied by the vendor’s conveyancing practitioner
  • Submitting queries with the vendor’s conveyancing practitioner
  • Agreeing the wording of the sale agreement
  • Reviewing replies provided by the owner to pre-exchange enquiries
  • Agreeing the wording for a Transfer Deed for completion
  • Guiding the buyer in respect of the loan offer: (where appropriate)
  • Preparing and sending the purchaser a report on title (that is; a breakdown of all findings on the property)
  • Carrying out the key stage of exchanging contracts and then completion formalities
  • Preparing and submitting to HMRC the correct stamp duty forms and payment
  • Registering the purchase and the home loan (if applicable) at the Land Registry.

*Source acknowledgement: House price data produced by Land Registry as well data supplied by Lexsure Ltd.

© Crown copyright material is reproduced with the permission of Land Registry under delegated authority from the Controller of HMSO.