Our family lawyer has quoted £995 for no completion no fee conveyancing in Hale. I’m looking to sell a purpose built detached home for £200,000. Is this expensive? Is it above the norm for conveyancing in Hale?
The estimate does seem marginally steep. If you are content to spend time scrutinising costs you could get the conveyancing a bit cheaper by say a hundred pounds. On the other hand, you mightlive to regret opting for an a cheaper lawyer. Don't forget to check that the solicitor can represent your bank. Do make use of our comparison tool to select a Hale conveyancing practice on the lender’s approved list of lawyers which can often include conveyancing solicitors in Hale.
I own a freehold premises in Hale yet invoiced for rent, why is this and what is this?
It is rare for properties in Hale and has limited impact for conveyancing in Hale but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
We're in Hale, First timers buying with a mortgage (lender is TSB , and our solicitor is on the TSB conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the TSB conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am the only beneficiary of my late father’s will with all property in now in my sole name, including the my former home in Hale. The Hale property was put into my name in August. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', meaning my property ownership may be regarded the same way as though I had purchased the property in August. Do I have to wait half a year to sell?
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." Technically you might be impacted by that. How practical a view lenders take of it, depend on the lender as this clause principally exists to capture the purchase and immediately sell or the wholesaling and assigning of property.
We had appointed conveyancing lawyers based in Hale on the Co-operative solicitor panel. They have just invoiced me a further charge for the legal aspects of the Co-operative mortgage. Is this a supplemental conveyancing fee set by Co-operative?
Unfortunately, as long as it is in their Terms of Engagement or Quote then yes your conveyancer may levy a fee for this. The fee is not dictated by Co-operative but by your Hale conveyancer. Plenty of firms on the Co-operative panel will charge an ‘acting for lender’ fee and others do not.
It is not clear whether my bank requires a lease extension. I have called into my local Hale building society branch on various occasions and was told they are content with the situation and they would lend. My Hale conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they will not lend in accordance with their specific requirements. Who do I believe?
As long as the conveyancer is on the mortgage company panel, they must comply with the Council of Mortgage Lenders’ Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
My wife and I have a 4 bedroom Georgian property in Hale. Conveyancing practitioner acted for me and Nottingham Building Society. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold with the exact same address. I thought I was buying a freehold how can I check?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hale and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with the conveyancing lawyer who conducted the purchase.
Due to the encouragement of my in-laws I had a survey completed on a property in Hale in advance of retaining lawyers. I have been advised that there is a flying freehold overhang to the property. My surveyor has said that some banks tend not give a loan on a flying freehold home.
It varies from the lender to lender. Santander has different instructions for example to Birmingham Midshires. Should you wish to call us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hale. Conveyancing may be slightly more expensive based on your lender's requirements.