My uncle advised me that in purchasing a property in St James there could be various restrictions affecting the ability to carry out external changes to the property. Is this right?
There are anumerous of properties in St James which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in St James should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Two weeks ago we had a mortgage agreed in principle with Nottingham. St James conveyancing practitioners have been instructed. How long does it take for Nottingham to issue the offer to the property lawyer?
There is no definitive answer here. Have Nottingham conducted the survey? Have you informed Nottingham as to your lawyers' details and checked that your lawyers are on the Nottingham conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
At last I have had an offer on an apartment in St James accepted, the owners do nevertheless have a dependent purchase. The sellers have offered on a flat, however it’s not yet agreed to, and are looking at other flats booked. I have selected a local conveyancing solicitor in St James. What should be my next step? At what point do I apply for the mortgage with Coventry BS?
It is normal to have anxieties where there is a chain as you are unlikely to want to incur costs prematurely (mortgage application is approx one thousand pounds, then valuation, St James conveyancing search costs, etc). First, you should check that your lawyer is on the Coventry BS approved list. As to the subsequent stages this very much depends on the uniqueness of your transaction, desire for the property and on the state of the market. In a rising market some buyers would apply for the mortgage with Coventry BS and arrange for the valuation and only if it comes back ok would they ask their solicitor to move forward with the conveyancing in St James.
I used Arc property Solicitors several years past for my conveyancing in St James. Now, I need the files but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in St James of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I'm purchasing my first flat in St James with a mortgage from Chelsea Building Society. The developers refused to budge the price so I negotiated £7000 of fixtures and fittings instead. The sale representative suggested that I not inform my lawyer about this deal as it could jeopardize my mortgage with the bank. 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.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a quick, no chain conveyancing. St James is where the house is located. Is there any advice you can give?
Flying freeholds in St James are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in St James you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St James 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 residence.
In my capacity as executor for the will of my grandfather I am selling a residence in Swansea but live in St James. My conveyancer (based 300 miles from meneeds me to execute a stat dec ahead of the transaction finalising. Could you suggest a conveyancing lawyer in St James who can attest this legal document for me?
Technically speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will suffice regardless of whether they are located in St James
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a St James conveyancing firm to act on my behalf?
You certainly can. We are happy to put you in touch with a St James conveyancing firm who can help.
An example of a Lease Extension case for a St James residence is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired term as at the valuation date was 56 years.
What makes a St James lease problematic?
Leasehold conveyancing in St James is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:
A provision to repair to or maintain parts of the property A provision for the recovery of money spent for the benefit of another party.
You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.