At what point does exchange of contracts happen for domestic conveyancing in Gillingham and do I need to be at the conveyancers branch?
If you are in close proximity to our conveyancing solicitors in Gillingham you are welcome to come in to sign documents. However, the lender approved solicitors we work with provide a countrywide conveyancing service and provide just as comprehensive and professional a job for you when communicating with you digitally. The executing of the contract is not the point of no return. Signing on the dotted line simply enables the conveyancer to exchange contracts when the time is right, which will usually be very shortly after signing. The exchange process is nowadays normally dealt with by telephone and can be very rapid, although where a lengthy "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Gillingham)to be in the office available at the end of the phone to exchange contracts.
My fiance and I are purchasing a newbuild flat in Gillingham with a mortgage from Birmingham Midshires.We have a Gillingham conveyancing lawyer but Birmingham Midshires advised that she’s not on their "panel". It seems we are left with little choice but to instruct a Birmingham Midshires panel firm or retain our local solicitor and fork out for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
No, not really. The mortgage issued to you is subject to its various provisions, one of which will be that conveyancers must be on the Birmingham Midshires conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Birmingham Midshires
Due to the input of my in-laws I had a survey completed on a house in Gillingham prior to retaining lawyers. I have been informed that there is a flying freehold element to the house. Our surveyor advised that some banks may refuse to issue a mortgage on this type of home.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Gillingham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Gillingham to see if the conveyancing will be more expensive.
Is it best to appoint a Gillingham conveyancing lawyer in close proximity to the house I am purchasing? I have an old university friend who can deal with the legal formalities however they are based 300kilometers drive away.
The benefit of a local Gillingham conveyancing practice is that you can visit the firm to execute documents, present your identification documents and pester them if necessary. Having local Gillingham know how is a plus. That being said it's more important to get someone that will do a good and efficient job. If other friends have used your friend and the majority were content that must trump using an unknown Gillingham conveyancing lawyer solely due to them being round the corner.
There are only 68 years unexpired on my flat in Gillingham. I now wish to get lease extension but my landlord is absent. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the lessor. On the whole a specialist should be useful to carry out a search and to produce an expert document which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Gillingham.
I am the registered owner of a 1st floor flat in Gillingham, conveyancing was carried out in 2005. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent properties in Gillingham with a long lease are worth £180,000. The ground rent is £65 invoiced annually. The lease ends on 21st October 2084
With 59 years unexpired the likely cost is going to span between £20,900 and £24,200 plus plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.
How does one as executor remove a departed person's details from the title register for a property in Gillingham?
If a Gillingham property is jointly owned and one of the owners dies, the name will not immediately be removed from the title deeds. It is not necessary to remove their name as in the event of a disposal your lawyer would just be asked to evidence why the co proprietor is not included in the transfer, such as a grant of probate.
With the aim of making things smoother in the future you may apply to have the deceased name erased from the title entries by applying to HMLR with proof of the death. There is no land registry fee payable.