It is is a decade since I acquired my home in Queensbury. Conveyancing solicitors have just been appointed on the sale but I am unable to track down the title deeds. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be retained by your mortgage company or they could stored with the conveyancers who oversaw your purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Most conveyancing in Queensbury relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
My wife and I are buying a flat in Queensbury. It might be a silly question but how we can trust a conveyancer? On the day of competition we have to deposit funds into their account. What is the protection we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am helping my mother sell her property in Queensbury. Will the conveyancing solicitor commission an energy performance certificate or do I organise this?
Following the abolition of HIPs, energy assessments was maintained a required part of moving property. An EPC needs to be commissioned before the property is put on the market. It is not a task that conveyancers normally arrange. If you are using a Queensbury conveyancing lawyer they may be able to arrange energy assessments given their contacts with reputable Queensbury providers
My aunt pointed out to me me that in purchasing a property in Queensbury there may be a number of restrictions affecting the ability to carry out external alterations to the property. Is this right?
There are anumerous of properties in Queensbury which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Queensbury should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I need some fast conveyancing in Queensbury as I am faced with an ultimatum to sign on the dotted line in less than 2 weeks. A mortgage is not required. Is it possible to decline from having conveyancing searches to save fees and time?
As you are not obtaining a mortgage you are at free not to do searches although no lawyer would suggest that you don't. Drawing on years of experience of conveyancing in Queensbury the following are instances of what can arise and adversely impact market value: Refused Planning Applications, Overdue Charges, Outstanding Grants, Unadopted Roads,...
I am buying my first flat in Queensbury with a loan from The Royal Bank of Scotland. The sellers refused to move on the price so I negotiated five thousand pounds worth of extras instead. The estate agent advised me not reveal to my conveyancer about the deal as it would impact my mortgage with The Royal Bank of Scotland. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a quick, no chain conveyancing. Queensbury is where the house is located. Is there any advice you can give?
Flying freeholds in Queensbury are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Queensbury you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Queensbury 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.
I am a negotiator for a reputable estate agent office in Queensbury where we have witnessed a few flat sales put at risk as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Queensbury conveyancing firms. Can you shed some light as to whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Despite our best endeavours, we have been unsuccessful in seeking a lease extension in Queensbury. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the amount due.
An example of a Lease Extension decision for a Queensbury residence is 20 Orchard Court Stonegrove in June 2009. The tribunal decided that a premium of £11,040 should be payable for the new lease This case was in relation to 1 flat. The number of years remaining on the existing lease(s) was 71.55 years.