I am need of leasehold conveyancing for a flat in a relatively new development (seven years old) in Scarborough. The vast majority the flats are already disposed of. Is it really necessary to order local searches for my conveyancing in Scarborough?
You are taking a significant risk in not carrying out Scarborough 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 necessity to have them, but we would strongly advise in no uncertain terms that your solicitor conducts them. If timings and price are primary concerns you should consider with your solicitor about the options such as contingency insurance available to you
Me and my brother own a renovated Edwardian house in Scarborough. Conveyancing lawyer acted for me and Yorkshire Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold under the matching address. Is it worth asking Yorkshire Building Society to clarify?
You should 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Scarborough and other locations in the country and poses no real issues for owners other than when they sell 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 lawyer who completed the work.
I'm purchasing my first flat in Scarborough with a loan from The Royal Bank of Scotland. The sellers refused to budge the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep advised me not reveal to my solicitor about this side-deal as it will jeopardize 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 developer 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.
Due to the advice of my in-laws I had a survey completed on a house in Scarborough prior to instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some banks may not give a loan on this type of premises.
It varies from the lender to lender. Santander has different requirements from Nationwide. If you e-mail us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Scarborough. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Scarborough to see if the conveyancing costs will increase in light of this.
As co-executor for the estate of my uncle I am selling a property in Swansea but I am based in Scarborough. My solicitor (who is 250 miles awayrequires that I sign a statutory declaration before completion. Can you recommend a conveyancing solicitor in Scarborough who can witness this legal document for me?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will suffice regardless of whether they are Scarborough based
Last August I purchased a leasehold flat in Scarborough. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I inherited a ground floor flat in Scarborough, conveyancing was carried out 10 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Scarborough with over 90 years remaining are worth £197,000. The ground rent is £55 invoiced annually. The lease ends on 21st October 2081
You have 55 years unexpired we estimate the premium for your lease extension to be between £31,400 and £36,200 as well as professional fees.
The figure above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.