My wife and I are buying a 1 bedroom apartment in Netherne with a mortgage. We like our Netherne solicitor, but the bank advise he's not on their "panel". It seems we have no option but to use one of the bank panel solicitors or retain our Netherne property lawyer and pay for one of their panel lawyers to act for them. We regard this is inequitable; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Netherne conveyancing lawyer to apply to be on the conveyancing panel.
As a FTB what is the most important advice you can impart about purchase conveyancing in Netherne?
Not many law firms shout this from the rooftops but conveyancing in Netherne and elsewhere in South London is an adversarial experience. Put another way, when it comes to conveyancing there is an abundance of opportunity for conflict between you and others involved in the legal transfer of property. E.g., the seller, property agent and even potentially the mortgage company. Selecting a law firm for your conveyancing in Netherne is a critical decision as your conveyancer is your adviser, and is the SOLE party in the process whose responsibility is to protect your best interests and to protect you.
Every so often a potential adversary will attempt to sway you that you should follow their advice. As an example, the selling agent may claim to be assisting by claiming that your conveyancer is dragging his heels. Or your financial adviser may try to convince you to do take action that is against your conveyancers recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
Will commercial conveyancing searches reveal impending roadworks that could affect a commercial site in Netherne?
Many commercial conveyancing solicitors in Netherne will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Netherne. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Netherne.
For every commercial conveyancing transaction in Netherne it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately could result in delays to Netherne commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Netherne.
I have justbecome aware that Stirling Law have been shut down. They carried out my conveyancing in Netherne for a purchase of a freehold house 12 months ago. How can I check that the property is in my name in the name of the previous owner?
The quickest way to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Netherne conveyancing specialists.
About to purchase a new build apartment in Netherne. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Netherne
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply a car parking plan. 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 control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
My wife and I purchased a leasehold flat in Netherne. Conveyancing and The Mortgage Works mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Netherne who previously acted has long since retired. Do I pay?
The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Netherne conveyancing firm to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am the registered owner of a ground floor flat in Netherne. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the amount due for the purchase of the freehold?
Where there is a missing 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 LVT to assess the price payable.
An example of a Freehold Enfranchisement matter before the tribunal for a Netherne residence is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case was in relation to 3 flats. The number of years remaining on the existing lease(s) was 75 years.