I am need of leasehold conveyancing for an apartment in a fairly new development (seven years built) in Rye. Almost all the appartments are already sold. Is it strictly necessary to order conveyancing searches for my conveyancing in Rye?
You are opening yourself up to an unnecessary risk in not carrying out Rye conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal requirement to have them, but we would strongly advise in the strongest possible terms that you have them. If accelerating the process and cost are top of your issues you should consider with your conveyancer about the options such as lack of search insurance available to you
I own a 4 bedroom Georgian house in Rye. Conveyancing lawyer represented me and National Westminster Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You need to review 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 Rye and other locations in 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 lenders. You can also enquire as to the position with your conveyancing solicitor who conducted the purchase.
I am buying a new build flat in Rye. Conveyancing is daunting 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.
Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Rye
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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. There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision.
I opted to have a survey completed on a property in Rye ahead of instructing conveyancers. I have been informed that there is a flying freehold element to the property. The surveyor has said that some lenders may not issue a loan on a flying freehold home.
It depends who your proposed lender is. HSBC has different requirements for example to Halifax. Should you wish to telephone us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Rye. Conveyancing will be smoother if you use a solicitor in Rye especially if they are acquainted with such properties in Rye.
In scouring the web for the phrase conveyancing in Rye it reveals many property lawyerslocally. How do I determine which is the right solicitor for my move?
The preferential method of seeking the right conveyancer is through a personal referral, so ask colleagues and relatives who have bought a property in Rye or the local estate agent or mortgage broker. Charges for conveyancing in Rye differ, so it's a good idea to obtain a minimum of four costs illustrations from different companies. Make sure that you know that the costs are assured not to to be inflated.
How up-to-date is your database of lawyers on the mortgage company conveyancing panel in Rye? Do the banks send you an updated list?
Rye law firm practices and firms conducting conveyancing in Rye themselves provide us confirmation that they are on the bank conveyancing panel as opposed to being supplied with a list from the lender directly.