The Smithfield conveyancing firm handling our Smithfield conveyancing has identified a difference between the surveyor’s assumptions in the valuation survey and what is revealed within the conveyancing documents. My solicitor informs me that he is obliged to check that the lender is happy with this discrepancy and is content to go ahead. Is my lawyer’s approach appropriate?
Your lawyer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I purchased a freehold house in Smithfield but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in Smithfield and has limited impact for conveyancing in Smithfield but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
We are selling our house in Smithfield and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any local conveyancer would know that there is no such problem. For the life of me I don't know why the purchasers used an online conveyancing outfit as opposed to a conveyancing solicitor in Smithfield. We have lived in Smithfield for 4 years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek confirmation need.
It sounds as though you may have a conveyancing solicitor already. What do they say? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Just had an offer accepted on a new build apartment in Smithfield. 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 is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Smithfield
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. 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. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply a car parking plan.
Am I better off to choose a Smithfield conveyancing lawyer in close proximity to the house I am purchasing? I have an old university friend who can carry out the legal work but her office is 400miles drive away.
The benefit of a local Smithfield conveyancing firm is that you can attend the office to execute paperwork, deliver your ID and pester them if necessary. Having local Smithfield know how is a benefit. However it's more important to get someone that will do a good and efficient job. If if people you trust instructed your friend and in the main were happy that should trump using an unknown Smithfield conveyancing solicitor just because they are local.
Do online conveyancing organisations do everything a local Smithfield solicitor does or do I still need to employ a solicitor for the final stages for my conveyancing in Smithfield?
If you use an online conveyancer they should cover all the work your Smithfield solicitor would cover.