I am soon to exchange buying a property in Horwich but as a result of wreckage from the recent storms I have managed to agree compensation from the seller in the sum of £3k by way of a deduction in the price. I had intended this to be addressed as part of amending the contract however Barclays will not agree to this. Should they have been approached?
Your conveyancer being on the Barclays approved list is obliged to advise Barclays of any variations to the sale price. If you were to refuse your conveyancing practitioner to disclose the reduction to Barclays then they would have to discontinue acting for you. In addition, Barclays and you would have to appoint a new lawyer for your conveyancing in Horwich.
I am the registered owner of a freehold premises in Horwich but still pay rent, why is this and what is this?
It’s unusual for properties in Horwich and has limited impact for conveyancing in Horwich but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
Have just purchased a probate house at auction in Horwich. Conveyancing is needed. What happens now?
Having legally bound yourself to purchase you must instruct a conveyancing solicitor as a matter of priority as you will have a pending a fixed date to complete the deal. Every auction property will ordinarily have a bespoke legal pack. This will likely include evidence of title and search results. If you have purchased leasehold property the auction pack may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to a leasehold property. You must give this to the lawyer instructed by you at the earliest opportunity. You also need to ensure that you have funds in place to complete the transaction on the set completion date.
I have paid off my mortgage with Nationwide. I assume I don't need a Horwich conveyancing practitioner on the Nationwide panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nationwide 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 Nationwide mortgage from the register. Nationwide, 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 Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Horwich. I have a mortgage agreed with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
How does conveyancing in Horwich differ for new build properties?
Most buyers of new build residence in Horwich contact us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is built. This is because house builders in Horwich tend to buy the real estate, 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 property lawyers 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 used to new build conveyancing in Horwich or who has acted in the same development.
As co-executor for the will of my grandfather I am disposing of a property in Cardiff but reside in Horwich. My lawyer (based 260 kilometers from meneeds me to sign a stat dec ahead of completion. Can you recommend a conveyancing solicitor in Horwich who can attest this legal document for me?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will suffice regardless of whether they are Horwich based
In relation to leasehold conveyancing in Horwich what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Horwich. All leases are drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:
Clauses dealing with recovering service charges for expenditure on the building or common parts. Insurance obligations
You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, The Royal Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.
I am the registered owner of a leasehold flat in Horwich, conveyancing was carried out March 1997. How much will my lease extension cost? Corresponding properties in Horwich with a long lease are worth £197,000. The ground rent is £55 invoiced every year. The lease ceases on 21st October 2078
You have 55 years left to run the likely cost is going to span between £31,400 and £36,200 plus legals.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.