Completed the sale of my flat in Old Windsor last January but the buyer keeps e-mailing every few hours to moan that his solicitor is waiting to hear from mine. What should have happened now that I have sold?
After completion of your sale your conveyancer is obliged to deliver the transfer deeds and all of the paperwork to the buyer’s solicitors. Where appropriate, your solicitor should also evidence that the mortgage has been discharged to the buyers lawyers. There is unlikely to be post completion tasks specific conveyancing in Old Windsor.
I am due to move home in November. Does my conveyancing solicitor call the removal company on the completion day. As an aside, can you recommend a removal company in Old Windsor. Conveyancing firm was chosen prior to coming across this website.
On the day of completion you will need to collect the house keys from your selling agent however this can only take place when the previous owners conveyancers inform the agent that they acknowledge receipt of the completion payment and the keys can be given over. After that you can tell the removal men that you are ready to move in. As a matter of policy we do not recommend a particular removal company but can assist you in choosing a residential property solicitor in Old Windsor or a firm with expertise in conveyancing in Old Windsor.
Can you point me to a directory of Clydesdale panel conveyancers in Old Windsor on the Building Society Association’s Website?
No. There is no such facility on the CML or Building Society Association websites. A small selection of mortgage companies make their panel listings visible on the web. Where you are seeking to appoint a Old Windsor property lawyer on the Clydesdale please use our tool.
Intending to buy a house in Old Windsor. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Barclays conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Old Windsor lawyer is on the Barclays conveyancing panel.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Old Windsor?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Old Windsor. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am buying a new build apartment in Old Windsor. 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 legal work.
Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Old Windsor
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please confirm the Lease plans are architect prepared. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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.
Due to the input of my in-laws I had a survey completed on a house in Old Windsor in advance of retaining conveyancers. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some banks will refuse to issue a mortgage on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Old Windsor. Conveyancing will be smoother if you use a solicitor in Old Windsor especially if they are acquainted with such properties in Old Windsor.
What are the frequently found deficiencies that you see in leases for Old Windsor properties?
There is nothing unique about leasehold conveyancing in Old Windsor. Most leases are drafted differently and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:
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Clauses dealing with recovering service charges for expenditure on the building or common parts. A duty to insure the building
You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Norwich and Peterborough Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.
Old Windsor Leasehold Conveyancing - A selection of Queries before Purchasing
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Please note if it is no more than eighty years it will affect the marketability of the flat. Check with your bank that they are willing to to proceed given the lease term. A short lease means that you will probably need a lease extension at some point and it is worth discovering what this would cost. Remember, in most cases you would need to own the premises for 24 months before you are eligible to extend the lease. Are there any major works on the horizon that could add a premium to the maintenance fees? How long is the Lease?