Our conveyancer has discovered a a problem with the lease for the flat we are buying in St Pancras. The other side have suggested title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer says that he must be satisfied that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
It is a dozen years since I purchased my property in St Pancras. Conveyancing solicitors have now been retained on the sale but I can't track down my title deeds. Is this a major issue?
You need not be too concerned. First there is a chance that the deeds will be with the lender or they may stored with the lawyers who oversaw the purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in St Pancras relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
What can a local search reveal regarding the property my wife and I purchasing in St Pancras?
St Pancras conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search organisations for instance Onsearch The local search plays an important part in many a St Pancras conveyancing purchase; as long as you wish to avoid any unpleasant once you have moved into your new home. The search should reveal data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic sections.
As co-executor for the will of my father I am disposing of a property in Swansea but reside in St Pancras. My conveyancer (approximately 250 kilometers from meneeds me to execute a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing solicitor in St Pancras who can attest this legal document for me?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will be fine regardless of whether they are St Pancras based
My wife and I purchased a leasehold house in St Pancras. Conveyancing and Virgin Money mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in St Pancras who acted for me is not around. Any advice?
The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a St Pancras conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I inherited a second floor flat in St Pancras. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?
Most certainly. We are happy to put you in touch with a St Pancras conveyancing firm who can help.
An example of a Lease Extension decision for a St Pancras property is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The number of years remaining on the existing lease(s) was 66.8 years.
I am due to review estimates for conveyancing in St Pancras from numerous solicitor and choose one. Should I ask them to hold tight until I I have an offer accepted on a house.
You should only get your conveyancer to start work and submit searches after the sales memorandum has been issued by the estate agent particularly as St Pancras conveyancing searches are not cheap.