It has come to my attention via my broker that my Hungerford solicitor is not on the lender Conveyancing panel. What can I do to be certain whether this is indeed the case?
The first thing you need to do is to call your Hungerford conveyancer. It is reasonable to expect your lawyer to inform you what has happened. If they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your bank.
I am the registered owner of a freehold residence in Hungerford but still charged rent, why is this and what is this?
It’s unusual for properties in Hungerford and has limited impact for conveyancing in Hungerford 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 new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
Is it necessary during the course of the conveyancing process to visit the offices of the solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in Hungerford so that I can attend their offices if required.
Whereas this was necessary twenty years ago, almost all mortgage companies no longer oblige their conveyancing panel lawyer to witness the mortgagors signature. It will still be necessary for you to supply identification documents and there are still manifest benefits to instructing a locally based ayer, in your case a conveyancing solicitor in Hungerford.
My husband and I are FTB’s - had an offer accepted, yet the property agent told us that the vendor will only issue a contract if we use the agent's preferred conveyancers as they want a ‘quick sale’. We would rather use a family solicitor who is accustomed to conveyancing in Hungerford
It is unlikely the owners are behind this. If they require ‘a quick sale', turning down a serious buyer is not the way to achieve this. Speak to the owners direct and explain that (a)you are motivated purchasers (b)you are excited to move forward, with mortgage lined up © you are unencumbered (d) you wish to move quickly (e)but you intend to use your preferred Hungerford conveyancing solicitors - not the ones that will give their estate agent a commission or hit his conveyancing thresholds pre-set by senior management.
What makes a Hungerford lease defective?
There is nothing unique about leasehold conveyancing in Hungerford. Most leases are unique and drafting errors can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:
Repairing obligations to or maintain parts of the property
A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Bank of Scotland, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.
Hungerford Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
Be sure to investigate if there is anything that is prohibited in the lease. For instance it is reasonably common in Hungerford leases that pets are not permitted in in a block in Hungerford. If you love the flatin Hungerford but your cat is not allowed to live with you then you have a very difficult compromise. How much is the maintenance charge and ground rent on the property?
There are numerous houses in Hungerford on unadopted roads. We are acquiring such a property. What would be the advantages and disadvantages of buying a residence on a private road?
Hungerford conveyancing lawyers are familiar with dealing homeson unadopted roads. The property lawyer will review the Land Registry data to find any rights or liabilities. In many cases there is a residents association that residents pay into to maintain the road. If one exists, the road should be maintained and appear nicer than council owned.