We are buying a end of terrace house in Morden. Our aim is to carry out a loft conversion at the property.Will the conveyancing process include investigations to determine if these alterations are permitted?
Your property lawyer should review the deeds as conveyancing in Morden will sometimes identify restrictions in the title documents which prevent certain works or require the permission of another owner. Many additions require local authority planning consent and approval under the building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be prudent to check these things with a surveyor ahead of any purchase.
I'm the sole beneficiary of my late grandmother’s will and I have everything in my name alone, including the my former home in Morden. Conveyancing formalities meant that the Land Registry date was in August. I plan to dispose of the house. I understand that there is a CML 6 month 'rule', which means that my property ownership could be regarded the same way as though I had purchased the property in August. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. Some mortgage companies would take a practical view as this clause is principally there to identify subsales or the quick reselling of property.
I can not fathom if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Morden building society branch on numerous occasions and was told it does not impact the mortgage offer and they would lend. My Morden conveyancing solicitor - who is on the bank conveyancing panel- called and was told they will not lend in accordance with their published requirements. I simply don't know who is right.
As long as the conveyancing practitioner is on the lender panel, she or he must adhere to the CML Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
A friend advised me that if I am purchasing in Morden I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is usually quoted for as part of the standard Morden conveyancing searches. It is a large report of more than thirty pages, listing and detailing significant information about Morden around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Morden Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with plans and statistics, Local Amenities and other useful information about Morden.
Me and my brother own a semi-detached Victorian house in Morden. Conveyancing practitioner represented me and Barclays Direct. I did a free Land Registry search last week and there are a couple of entries: the first freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register for 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 Morden and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with your conveyancing lawyer who conducted the purchase.
Just had an offer accepted on a new build flat in Morden. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Morden
The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Due to the input of my in-laws I had a survey completed on a house in Morden in advance of retaining lawyers. I have been told that there is a flying freehold element to the property. My surveyor has said that some banks will refuse to give a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. If you e-mail us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Morden. Conveyancing will be smoother if you use a solicitor in Morden especially if they are acquainted with such properties in Morden.
When it comes to my conveyancing in Morden should I be charged VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Morden conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the conveyancer's time in submitting the funds this way.