Our solicitor has identified a a legal deficiency with the lease for the property we are purchasing in Harlington. The other side have offered defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancer has advised that he must be satisfied that the mortgage company is willing to move forward with this solution. Are we the client or is the bank?
Even though you have a mortgage offer from the lender does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the lender are the client. These conveyancing instructions have to be complied with.
My friend recommended that if I am buying in Harlington I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally included in the estimate for your Harlington conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Harlington around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with maps and statistics, Local Amenities and other useful data concerning Harlington.
I own a renovated Victorian property in Harlington. Conveyancing solicitor acted for me and Virgin Money. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Harlington and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with your conveyancing lawyer who conducted the conveyancing.
How does conveyancing in Harlington differ for new build properties?
Most buyers of new build residence in Harlington come to us having been asked by the builder to sign contracts and commit to the purchase even before the house is finished. This is because builders in Harlington tend to purchase the land, 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 conveyancers 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 accustomed to new build conveyancing in Harlington or who has acted in the same development.
I have been on the look out for a ground for flat up to £245,000 and identified one round the corner in Harlington I like with open areas and station nearby, however it only has 51 years on the lease. I can't really find anything else in Harlington suitable, so just wondered if I would be making a mistake purchasing a short lease?
Should you need a mortgage the remaining unexpired lease term will likely be an issue. Discount the offer by the expected lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of twenty four months you could request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this.
In my capacity as executor for the will of my uncle I am selling a property in Neath but reside in Harlington. My conveyancer (who is 250 miles from merequires that I execute a stat dec before the transaction finalising. Could you suggest a conveyancing lawyer in Harlington to witness this legal document for me?
Technically speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will suffice regardless of whether they are located in Harlington