We are purchasing our first property. Our conveyancer has e-mailedto ask if we want to order additional conveyancing searches. As novices we are clueless as to what's needed for conveyancing in Essex
The type of Essex conveyancing searches depends primarily on the property, the location, the likelihood of any of these risks, your knowledge of the region and risks, your overall attitude to risk. What is important is that you properly appreciate what information each search could supply. Then you can make a decision if you personally think you need that information. Should you be in doubt, ask your solicitor to provide guidance.
What is your number one tip for choosing a conveyancing solicitor in Essex
Do not opt for the lowest Essex conveyancing costs illustration. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
I'm the only recipient of my late grandmother’s estate with all property in now in my sole name, including the house in Essex. The Essex property was put into my name in January. I now wish to sell up. I understand that there is a CML 6 month 'rule', meaning my proprietorship could be regarded the same way as if I'd bought the property in January. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be impacted by that. Some lenders would take a sensible view as this provision is principally there to capture subsales or the wholesaling and assigning of properties.
We had chosen conveyancing lawyers with offices in Essex on the TSB solicitor approved list. They have just billed me an additional sum for the legal aspects of the TSB mortgage. Is this an additional conveyancing fee set by TSB?
Provided it is contained in their Terms and Conditions or estimate then yes your lawyer may levy a fee for this. This charge is not set by TSB but by your Essex conveyancer. Some firms on the TSB panel will charge an ‘acting for lender’ fee and others do not.
Should commercial conveyancing searches reveal proposed roadworks that may impact a commercial land in Essex?
Many commercial conveyancing solicitors in Essex will conduct a SiteSolutions Highways report as it reduces the time that conveyancers spend in sourcing accurate data on highways that impact buildings and development assets in Essex. The search result provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Essex.
For each commercial conveyancing transaction in Essex it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can result in delays to Essex commercial conveyancing deals as well as pose a risk to future intentions for the site. These searches are not ordered for domestic conveyancing in Essex.
About to purchase a new build flat in Essex. 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 legal work.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Essex
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? There must be mutual enforceability of lessee’s covenants.
As co-executor for the estate of my grandfather I am selling a property in Neath but I am based in Essex. My solicitor (approximately 300 miles from meneeds me to sign a stat dec ahead of completion. Can you recommend a conveyancing practitioner in Essex to attest this legal document for me?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will do regardless of whether they are located in Essex
I am a negotiator for a long established estate agency in Essex where we have experienced a number of leasehold sales put at risk due to short leases. I have been given conflicting advice from local Essex conveyancing firms. Please can you shed some light as to whether the owner of a flat can instigate the lease extension formalities for the buyer?
Provided that 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. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with 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.
Leasehold Conveyancing in Essex - A selection of Queries before Purchasing
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Be sure to investigate if the the lease contains any unreasonable restrictions in the lease. For example it is very common in Essex leases that pets are not allowed in certain buildings in Essex. If you like the propertyin Essex but your cat can’t move with you then you will be presented with a hard choice. The best form of lease structure is a share of the freehold. In this scenario the tenants benefit from being in charge if their destiny and although a managing agent is often employed where it is bigger than a house conversion, the managing agent employed by the leaseholders. How long is the Lease?