It is 10 years ago since I acquired my house in Halifax. Conveyancing solicitors have recently been retained on the sale but I am unable to find the deeds. Will this cause complications?
Don’t worry too much. First the deeds may be kept by the mortgage company or they could stored with the solicitor who oversaw the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Halifax involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
Various internet forums that I have come across warn that are the primary cause of stalling in Halifax conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances in the conveyancing process. Local searches are not likely to be the root cause of delay in conveyancing in Halifax.
Are there restrictive covenants that are commonly identified during conveyancing in Halifax?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Halifax. 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…’
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Halifax is where the house is located. Is there any guidance you can impart?
Flying freeholds in Halifax are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Halifax you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Halifax may ascertain 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 residence.
I need to instruct a conveyancing lawyer in Halifax for my home move. Is there any facility to check a solicitor's record with the profession’s regulator?
Members of the public may search for presented Solicitor Regulator Association (SRA) determinations arising from investigations commenced on or after 1 January 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The SRA may monitor telephone calls for training purposes.
I am intending to sublet my leasehold apartment in Halifax. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
The lease governs the relationship between the landlord and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Halifax do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
I am the registered owner of a basement flat in Halifax, conveyancing having been completed 5 years ago. 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 Halifax with an extended lease are worth £165,000. The average or mid-range amount of ground rent is £50 levied per year. The lease expires on 21st October 2102
You have 78 years remaining on your lease the likely cost is going to span between £7,600 and £8,800 as well as costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. You should 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. You should not move forward placing reliance on this information before seeking the advice of a professional.