It is a dozen years since I acquired my house in Hale Barns. Conveyancing lawyers have just been instructed on the sale but I am unable to find the title documents. Is this a problem?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by the mortgage company or they may stored with the conveyancers who acted in the purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in Hale Barns involves registered property but in the rare situation where your property is unregistered it is more tricky but is not insurmountable.
Have just purchased a probate house at auction in Hale Barns. Conveyancing is necessary. What is next?
Having legally bound yourself to purchase you should choose a conveyancing practitioner quickly as you are faced with a tight deadline in which to complete the transaction. All auction property will have an associated legal set of papers. This will include evidence of title and search results. If you have purchased leasehold property the auction pack should include a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to leasehold premises. You need to pass this on to the lawyer working for you ASAP. Do make sure that you have funds in order to complete the transaction on the set completion date.
I am purchasing a property in Hale Barns. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Co-operative be concerned?
As you are obtaining a mortgage with Co-operative your lawyer must comply with the conveyancing instructions contained in Part two of UK Finance Lenders’ Handbook for Co-operative. The CML Handbook includes minimum provisions for solar panel roof-space leases, and conveyancers are required to report to Co-operative where a lease fails to meet these conditions. The requirements relate to the installation of panels on properties countrywide and is not restricted to Hale Barns.
I have paid off my mortgage with Aldermore. I assume I don't need a Hale Barns lawyer on the Aldermore panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Aldermore mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Aldermore mortgage from the register. Aldermore, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
About to purchase a new build flat in Hale Barns. Conveyancing is daunting 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 Hale Barns
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
I opted to have a survey completed on a property in Hale Barns in advance of retaining solicitors. I have been advised that there is a flying freehold overhang to the property. My surveyor has said that some banks will refuse to grant a loan on a flying freehold home.
It varies from the lender to lender. Santander has different requirements from Halifax. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hale Barns. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hale Barns to see if the conveyancing will be more expensive.
I am looking at a two flats in Hale Barns both have approximately 50 years left on the lease term. Will this present a problem?
There are plenty of short leases in Hale Barns. The lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the marketability of the lease reduces and results in it becoming more expensive to extend the lease. This is why it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this arena.
Hale Barns Leasehold Conveyancing - Sample of Queries Prior to buying
On the whole the outlay for major works are not included within service charges, although there some managing agents in Hale Barns require leaseholders to pay into a reserve fund and this is used to offset against larger repairs or maintenance. Does the lease contain onerous restrictions? Please note that where the lease has less than eighty years it will affect the salability of the property. Check with your lender that they are content with the length of the lease. A short lease means that you will probably require a lease extension sooner rather than later and it is worth finding out how much this will be. For most Hale Barnslease extensions you will be required to have been the owner of the property for two years before you are legally able to extend the lease.
We are about to purchasing a house in Hale Barns. Can our conveyancing practitioner keep our purchase price confidential from the likes of Rightmove. How do I ensure this is not noted?
HMLR by statute are bound to note price paid data on the official title for domestic properties nationwide including premises in Hale Barns. The register of ownership is a public document, so the Land Registry would be breaching their statutory duty if they did not allow access to the register.
In essence you can ask HMLR to withhold the amount paid data but the answer will be in the negative.