My solicitor has uncovered a a legal deficiency with the lease for the apartment we are purchasing in Enfield Town. The other side have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our conveyancing practitioner says that he must ensure that the mortgage company is willing to move forward with this solution. Are we the client or is the bank?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. These conveyancing instructions have to be complied with.
We see that you have a search directory identifying law firms on the UBS conveyancing panel. Do companies pay you a commission if I instruct them for our own conveyancing in Enfield Town?
We are a listing service only for law firms wishing to communicate if they are on the UBS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Enfield Town.
I am purchasing a 3 bedroom semi in Enfield Town. Our aim is to carry out a loft conversion at the house.Will the conveyancing process include investigations to determine if these alterations are permitted?
Your property lawyer will check the registered title as conveyancing in Enfield Town can occasionally reveal restrictions in the title deeds which restrict certain changes or necessitated the permission of a 3rd party. Many extensions need local authority planning permissions and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be prudent to check these issues with a surveyor ahead of any purchase.
I had a mortgage agreed in principle with Clydesdale. Enfield Town conveyancing practitioners have been appointed. What is the average time that one could expect to receive a mortgage offer from Clydesdale?
Some lenders take longer than others. Have Clydesdale completed the survey? Have you advised Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I've digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Enfield Town solicitor - who is on the Santander conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander 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 Enfield Town 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.
Will our lawyer be asking questions concerning flooding as part of the conveyancing in Enfield Town.
The risk of flooding is if increasing concern for lawyers conducting conveyancing in Enfield Town. There are those who acquire a house in Enfield Town, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, however there are a numerous checks that can be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in Enfield Town. The conventional set of property information forms given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to discover whether the premises has ever been flooded. In the event that the property has been flooded in past and is not disclosed by the owner, then a purchaser may bring a legal claim for losses resulting from an misleading answer. The purchaser’s conveyancers will also carry out an enviro search. This will disclose whether there is any known flood risk. If so, additional inquiries will need to be carried out.
I am looking at a couple of maisonettes in Enfield Town both have in the region of forty five years left on the lease term. Should I regard a short lease as a deal breaker?
A lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the value of the lease reduces and results in it becoming more expensive to extend the lease. For this reason it is advisable to extend the lease term. More often than not it is difficult to sell a property with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this area.
My wife and I have hit a brick wall in trying to reach an agreement for a lease extension in Enfield Town. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a absentee freeholder or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to determine the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Enfield Town residence is First Floor Flat 109 Lyndhurst Road in May 2010. Following a vesting order by Edmonton County Court on 29th October 2009 the Tribunal decided on a figure of £5,012 for a lease extension. This case related to 1 flat. The number of years remaining on the existing lease(s) was 81.79 years.
The conveyancing solicitors undertaking our conveyancing in Enfield Town has sent documents to review that show the property is unregistered with epitome documents. How can it be that the property not currently recorded at HMLR?
Although most properties in Enfield Town are now registered with the Land Registry there are still a few that remain unregistered. Any property in Enfield Town that has been remortgaged since the late 1980’s will have been registered at the HMLR under the compulsory ‘first registration’ scheme. However, if a Enfield Town property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Plenty of Enfield Town conveyancing practitioners should be able to handle this type of conveyancing but if any uncertainty exists the conventional proposition nowadays is for the vendor’s solicitor to deal with the registration formalities first and then sell - this this chain of events will cause a significant delay.