It is a dozen years since I bought my home in Highams Park. Conveyancing solicitors have now been appointed on the sale but I am unable to locate my title documents. Is this a major issue?
Don’t worry too much. Firstly the deeds may be kept by the lender or they could be in the possession of the solicitor who acted in your purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. Most conveyancing in Highams Park relates to registered property but in the unlikely event that your property is not registered it is more of a problem but is not insurmountable.
Do the Building Society Association intend to launch a search tool with a view to to identify solicitors on the Loughborough BS conveyancing panel for example in Highams Park?
Lexsure has not been advised of any plans on the part of the BSA to promote such a search facility.
I am intent on selling our property in Highams Park and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. Any local lawyer would know that there is no such problem. For the life of me I don't know why the buyers instructed a nationwide conveyancing outfit rather than a conveyancing solicitor in Highams Park. Having lived in Highams Park for six years we know of no issue. Do we get in touch with our local Authority to get clarification that there is no issue.
It would appear that you have a conveyancing lawyer currently acting for you. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what should have been a simple, no chain conveyancing. Highams Park is the location of the property. What do you suggest?
Flying freeholds in Highams Park are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Highams Park you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Highams Park may decide 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 premises.
I work for a busy estate agency in Highams Park where we have experienced a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Highams Park conveyancing solicitors. Can you clarify whether the vendor of a flat can initiate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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 am the registered owner of a second floor flat in Highams Park. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for a lease extension?
Most definitely. We can put you in touch with a Highams Park conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Highams Park residence is 48 Greenleaf Road in December 2009. the lessees sought to exercise their right to purchase the freehold from the landlord by way of collective enfranchisement in accordance with the Leasehold Reform Housing and Urban Development Act 1993.The landlord could not be found.A vesting order was granted from the Bow County Court on 10 September 2007 (Claim No: 8BO04141). The Tribunal held that the premium to be paid was £3,850 This case related to 2 flats. The unexpired lease term was 104 years.
My in 2006. He has since got wed, widowed and in recent months got remarried. He will be selling the property in a few months. I suspect that he will just be requested to supply copies of the marriage certificates to the property lawyer however he is anxious it could delay the home move. Is it worth updating the land title information for the property?
It is not absolutely necessary to bring up to date the title for the property providing you have the evidence needed to show how the change of name occurred.
Any buyer’s conveyancer should check the title information and need evidence to establish the change of name e.g. marriage documentation.