I am need of leasehold conveyancing for a flat in a fairly new development (6 years built) in Gillingham. Almost all the properties have already been sold. Is it strictly necessary to order conveyancing searches as part of conveyancing in Gillingham?
You are taking a significant risk in failing carrying out Gillingham conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal requirement to have them, but we would strongly advise in no uncertain terms that you have them. Where time pressures and price are top of your issues you should discuss with your solicitor about the possibility of search insurance
As someone unfamiliar with conveyancing in Gillingham what is the number one tip you can give me for the legal transfer of property in Gillingham
You may not hear this from too many lawyers but conveyancing in Gillingham or throughout England and Wales is an adversarial process. Put another way, when it comes to conveyancing there exists lots of opportunity for conflict between you and others involved in the home moving process. For example, the seller, estate agent and even potentially your lender. Appointing a solicitor for your conveyancing in Gillingham an important selection as your conveyancer is your adviser, and is the SOLE party in the process whose role it is to protect your legal interests and to protect you.
We are witnessing a definite ongoing adversarial element to conveyancing- someone must be at fault for the process taking so long. We recommend that you your first instinct should be to trust your conveyancer ahead of the other parties in the conveyancing process.
My property lawyer in Gillingham is not listed on the Virgin Money Solicitor Panel. Can I still continue with my prefered solicitor notwithstanding that they are not on the Virgin Money approved list?
Your options are as follows:
- Carry on with your preferred Gillingham lawyers but Virgin Money will need to retain a lawyer on their list of acceptable firms. This will inevitably rack up the overall conveyancing fees as well as result in delays.
- Choose a new lawyer to to deal with the conveyancing, not forgetting to check they are on the Virgin Money panel
How does conveyancing in Gillingham differ for new build properties?
Most buyers of new build property in Gillingham come to us having been asked by the developer to exchange contracts and commit to the purchase even before the house is completed. This is because new home sellers in Gillingham tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Gillingham or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Gillingham is where the house is located. Is there any guidance you can give?
Flying freeholds in Gillingham are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Gillingham 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 Gillingham 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.
How does the Landlord & Tenant Act 1954 affect my commercial offices in Gillingham and how can you help?
The 1954 Act gives security of tenure to commercial tenants, granting the a statutory right to make a request to court for a new tenancy and continue in occupation at the end of the lease term. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Gillingham is one of the hundreds of locations in which the firms we work with have offices