I am need of leasehold conveyancing for an apartment in a relatively new development (seven years old) in Riddlesdown. 95% of the flats are already sold. Is it strictly necessary to order local searches for my conveyancing in Riddlesdown?
A big part of the Riddlesdown legal transfer of property is the conveyancing searches. There are a large number of search providers conducting Riddlesdown conveyancing searches, as well straight from the local authority. These are known collectively as personal search organisation and they produce, not surprisingly, personal searches. Nevertheless, all Local Authority Search conveyancing products have one thing in common - they must obtain their information from the local authority.
I am purchasing a property in Riddlesdown. An unusual aspect is that the roof has a solar panel. Nationwide have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is Nationwide your lawyer must comply with the conveyancing instructions contained in Section two of UK Finance Lenders’ Handbook for Nationwide. The Council of Mortgage Lenders’ Handbook sets out minimum provisions for solar panel roof-space leases, and property lawyers are required to report to Nationwide where a lease fails to comply with these conditions. The specifications relate to the installation of panels on properties in England and Wales and is not limited to Riddlesdown.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Riddlesdown lawyer on the Aldermore panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Aldermore mortgage from the register. Aldermore, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
It is unclear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Riddlesdown building society branch on various occasions and was told they are content with the situation and they will lend. My Riddlesdown conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Provided that the lawyer is on the lender approved list, she or he must comply with the CML Handbook conditions for the lender. 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 left on the lease.
Should our lawyer be raising enquiries regarding flooding as part of the conveyancing in Riddlesdown.
Flooding is a growing risk for conveyancers dealing with homes in Riddlesdown. Some people will buy a house in Riddlesdown, completely aware that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, however there are a various checks that may be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Riddlesdown. The standard property information forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to find out whether the premises has suffered from flooding. If flooding has previously occurred which is not revealed by the owner, then a buyer may issue a compensation claim resulting from an inaccurate reply. The buyer’s lawyers should also conduct an environmental search. This should higlight whether there is a recorded flood risk. If so, more detailed investigations will need to be initiated.
Me and my brother own a semi-detached Victorian property in Riddlesdown. Conveyancing practitioner acted for me and Birmingham Midshires. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold with the matching property. I thought I was buying a freehold how can I check?
You should 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Riddlesdown and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing solicitor who carried out the work.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what was supposed to be a quick, no chain conveyancing. Riddlesdown is where the house is located. Can you offer any advice?
Flying freeholds in Riddlesdown are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Riddlesdown you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Riddlesdown may ascertain 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 property.
The solicitors handling our conveyancing in Riddlesdown has forwarded papers to review that reveal that the property is unregistered with epitome documents. Surely all property in Riddlesdown should be registered?
Much of the property in Riddlesdown is registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Many Riddlesdown conveyancing practitioners should be able to handle this type of conveyancing but if any uncertainty exists the standard advice these days is for the current owners to address the registration formalities first and then sell - this will have a domino effect to result in a drawn-out transaction.