As I am unsure how the conveyancing process works what is the most important number one tip you can give me regarding purchase conveyancing in Hertford?
You may not hear this from too many lawyers but conveyancing in Hertford or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there is lots of opportunity for conflict between you and others involved in the transaction. E.g., the seller, estate agent and on occasion the bank. Appointing a lawyer for your conveyancing in Hertford is a critical decision as your conveyancer is your adviser, and is the ONE person in the legal process whose responsibility is to act in your best interests and to keep you safe.
There is a worrying increase in the "blame" culture- someone must be at fault for the process being so protracted. We recommend that you should always trust your solicitor above all other parties in the conveyancing process.
I am considering applying for a Bank of Ireland mortgage for purchase of a new build (under development) in Hertford with 60% loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for Bank of Ireland ?
There is nothing to stop you using your solicitor, but Bank of Ireland will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
We are getting a further advance on our mortgage from Clydesdale as we want to conduct improvements to our house in Hertford. Are we obliged to appoint a high street Hertford solicitor on the Clydesdale conveyancing panel to handle the paperwork?
Clydesdale don't usually require firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Clydesdale panel.
The formalities of my purchase has taken place for my property in Hertford. Conveyancing was a necessary evil but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Almost all banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
Having read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Hertford solicitor - who is on the Aldermore conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Hertford postcode. As you are getting a mortgage with Aldermore, you could contact them to see if they have a list of approved surveyors in Hertford.
Me and my brother purchased a 4 bedroom Victorian property in Hertford. Conveyancing solicitor represented me and Godiva Mortgages Ltd. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold with the exact same address. Is it worth asking Godiva Mortgages Ltd to clarify?
You should review 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hertford and other locations in 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 check the position with your conveyancing solicitor who conducted the work.
As co-executor for the estate of my grandfather I am selling a house in Monmouth but reside in Hertford. My lawyer (who is 260 kilometers from meneeds me to sign a statutory declaration before completion. Could you suggest a conveyancing lawyer in Hertford who can witness and place their company stamp on the document?
strictly speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are based in Hertford
I work for a busy estate agent office in Hertford where we have witnessed a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Hertford conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I purchased a ground floor flat in Hertford, conveyancing having been completed November 2012. How much will my lease extension cost? Similar properties in Hertford with a long lease are worth £265,000. The average or mid-range amount of ground rent is £50 levied per year. The lease ends on 21st October 2102
With just 76 years left to run we estimate the price of your lease extension to range between £8,600 and £9,800 plus costs.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns 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 based on this information before getting professional advice.