It has come to my attention via my broker that my Kensington solicitor is not on the lender Conveyancing panel. What can I do to be sure whether this is correct?
You need to contact your Kensington conveyancer. You lawyer should inform you of the situation. Where they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your lender.
I have been told that property searches are the number one cause of obstruction in Kensington conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of a review by MoveWithUs that conveyancing searches do not feature amongst the most frequent causes of delays during the legal transfer of property. Searches are unlikely to feature in any holding up conveyancing in Kensington.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a straight forward, chain free conveyancing. Kensington is the location of the property. Can you shed any light on this issue?
Flying freeholds in Kensington are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Kensington you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kensington 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 property.
I have been advised by numerous property agents in Kensington to select a property lawyer using your seach tool. What’s the financial inducement for Estate Agents to promote your lawyers rather than alternative conveyancing organisations?
We don’t give any referral fee for directing people our way. We found it would be just too difficult to pay a commission because members of the public would think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
I need to appoint a conveyancing solicitor for remortgage conveyancing in Kensington. I happened to land on a web site which seems to have the ideal solution If it is possible to get all this stuff done via email that would be ideal. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
My wife and I purchased a leasehold house in Kensington. Conveyancing and Barclays mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Kensington who previously acted has now retired. Any advice?
First make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Kensington conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in Kensington. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a absentee landlord or if there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the premium.
An example of a Lease Extension matter before the tribunal for a Kensington premises is 93 Oakwood Court in June 2010. the LVT determined that the premium to be paid for the new lease was £492,083, This case affected 1 flat. The number of years remaining on the existing lease(s) was 37.79 years.