It is is a decade since I purchased my property in Old Windsor. Conveyancing solicitors have recently been retained on the sale but I am unable to find my title deeds. Will this cause complications?
Don’t worry too much. Firstly there is a possibility that the deeds will be retained by your mortgage company or they may be in the possession of the lawyers who acted in your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Most conveyancing in Old Windsor relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is resolvable.
What can a local search inform me regarding the property I am buying in Old Windsor?
Old Windsor conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search organisations for example Searches UK The local search is essential in every Old Windsor conveyancing purchase; as long as you don’t want any unpleasant once you have moved into your new home. The search should supply data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject areas.
Me and my brother purchased a renovated Victorian house in Old Windsor. Conveyancing practitioner acted for me and TSB. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold with the matching property. I'd like to know for sure, how can I find out??
You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Old Windsor and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with the conveyancing practitioner who conducted the work.
I've recently found out that there is a flying freehold element on a property I have offered on last month in what was supposed to be a simple, no chain conveyancing. Old Windsor is the location of the property. Can you shed any light on this issue?
Flying freeholds in Old Windsor are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Old Windsor you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Old Windsor 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 residence.
Do you have any advice for leasehold conveyancing in Old Windsor with the intention of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Old Windsor can be bypassed where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers. A minority of Old Windsor leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors. If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing. If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example installed wooden flooring? Old Windsor leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you fail to have the consents in place you should not communicate with the landlord without checking with your lawyer before hand.
I acquired a 2 bed flat in Old Windsor, conveyancing formalities finalised half a dozen years ago. Can you work out an approximate cost of a lease extension? Comparable flats in Old Windsor with over 90 years remaining are worth £181,000. The average or mid-range amount of ground rent is £55 per annum. The lease finishes on 21st October 2076
With 51 years remaining on your lease we estimate the premium for your lease extension to range between £30,400 and £35,200 as well as costs.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.
Can a conveyancer remove a name from the title of my property in Old Windsor ?
Subtracting or adding someone to the title of your house is relatively straightforward. You’ll need to appoint a property lawyer to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a solicitor