I am buying a property mortgage free in Fitzrovia. I have been living for the last dozen years in Fitzrovia. Conveyancing searches are expensive. As I have knowledge of the area and road very well should I not bother getting the solicitor to do all the conveyancing searches?
If you not getting a mortgage, then the vast majority of the Fitzrovia conveyancing searches are at your discretion. Your conveyancer will 'advise', perhaps strongly, that you should have searches completed, but he has a professional duty to take that path of advice. One thing to bear in mind; if you are going to sell the house in the future, it will be of interest to your future purchaser what the searches reveal. On occasion premises with functional issues can still throw up unexpected search results. A competent conveyancing solicitor in Fitzrovia will be able to give you some practical advice here.
We are selling our property in Fitzrovia and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. Any local lawyer would know that there is no such problem. It does beg the question why the purchasers used an internet conveyancing practice rather than a conveyancing solicitor in Fitzrovia. Having lived in Fitzrovia for many years we know of no issue. Should we get in touch with our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Fitzrovia?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Fitzrovia. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a quick, chain free conveyancing. Fitzrovia is where the house is located. Can you shed any light on this issue?
Flying freeholds in Fitzrovia are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Fitzrovia you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Fitzrovia 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 property.
I am a negotiator for a reputable estate agency in Fitzrovia where we have experienced a few flat sales put at risk due to short leases. I have been given conflicting advice from local Fitzrovia conveyancing solicitors. Please can you confirm whether the owner of a flat can start the lease extension formalities for the buyer?
As long as the seller has been the owner 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 can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.
An alternative approach is 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 buyer.
I have tried to negotiate informally with with my landlord to extend my lease without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Fitzrovia conveyancing firm to represent me?
Most certainly. We can put you in touch with a Fitzrovia conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Fitzrovia premises is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case related to 1 flat. The unexpired term as at the valuation date was 73.26 years.
If instructed can a conveyancer remove someone from the title of my home in Fitzrovia ?
Removing or adding someone to the title of your house is relatively straightforward. You’ll need to appoint a conveyancer to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a conveyancing practitioner