I have just been advised by my mortgage broker that my St Mary Cray the law firm I have appointed is not on the mortgage company Solicitor panel. How can I check?
The best course of action for you to take is to contact your St Mary Cray lawyer directly. It is reasonable to expect your lawyer to inform you of the situation. Where they are not on the panel they may be able to suggest a St Mary Cray conveyancing practice that is on the conveyancing panel for your mortgage company.
I am purchasing a new build flat in St Mary Cray. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in St Mary Cray you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in St Mary Cray.
Please help - my lawyer advises that missing deeds insurance is required on my purchase. What is the typical level of cover needed for conveyancing in St Mary Cray?
The right level of missing deeds indemnity insurance depends on who your lender is. It would differ for example between Yorkshire Building Society and Skipton Building Society. Conveyancing practitioners as opposed to members of the public take out such policies.
We are getting the release of further monies on our mortgage from Nottingham as we want to conduct improvements to our home in St Mary Cray. Are we obliged to appoint a high street St Mary Cray solicitor on the Nottingham conveyancing panel to deal with the paperwork?
Nottingham do not ordinarily appoint firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Nottingham list.
I have today made my last payment due on my mortgage with Nottingham. I assume I don't need a St Mary Cray lawyer on the Nottingham panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nottingham 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 Nottingham mortgage from the register. Nottingham, 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 Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
Are there restrictive covenants that are commonly picked up as part of conveyancing in St Mary Cray?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in St Mary Cray. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
The estate agent has sent us the confirmation of our purchase of a new build apartment in St Mary Cray. Conveyancing is necessary evil 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 conveyancing.
Set out below are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in St Mary Cray
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Please confirm the Lease plans are architect prepared. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan.
I am a negotiator for a long established estate agent office in St Mary Cray where we see a few flat sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local St Mary Cray conveyancing solicitors. Can you confirm whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Having spent months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in St Mary Cray. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the price payable.
An example of a Lease Extension matter before the tribunal for a St Mary Cray premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The unexpired lease term was 50.57 years.