Should lawyers request money up-front for my conveyancing in St Paul's Cray?
If you are buying a property in St Paul's Cray your solicitor will ask you to provide them with funds to cover the search fees. Ordinarily this is called for to cover the fees of the Local Authority Search. When the deposit is as part of the total price then this should be required immediately before exchange of contracts. Any further balance that is needed should be sent to your lawyer shortly before completion.
A colleague pointed out to me me that in buying a property in St Paul's Cray there could be various restrictions affecting the ability to carry out external changes to the property. Is this right?
There are a number of properties in St Paul's Cray which have some sort of restriction or requirement of consent to external variations. Part of the conveyancing in St Paul's Cray should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are getting a further advance on our mortgage from Yorkshire BS as we wish to conduct renovations to our house in St Paul's Cray. Do we need to select a local St Paul's Cray solicitor on the Yorkshire BS conveyancing panel to handle the paperwork?
Yorkshire BS would not normally require a member of their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS panel.
I can not fathom if my lender requires a lease extension. I have called my St Paul's Cray bank branch on various occasions and was informed it wasn't an issue and they would lend. My St Paul's Cray conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they will not lend in accordance with their published requirements. I have no idea who is right.
Provided that the property lawyer is on the bank panel, she or he must follow the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
How does conveyancing in St Paul's Cray differ for newly converted properties?
Most buyers of new build premises in St Paul's Cray come to us having been asked by the seller to sign contracts and commit to the purchase even before the property is built. This is because builders in St Paul's Cray typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in St Paul's Cray or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a quick, chain free conveyancing. St Paul's Cray is where the house is located. Can you shed any light on this issue?
Flying freeholds in St Paul's Cray are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St Paul's Cray you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Paul's Cray 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 property.
I have been pointed in your direction by two or three local estate agents in St Paul's Cray to select a property lawyer on your site. Is there a financial incentive for Estate Agents to promote your services ahead of another?
We don’t offer any referral fee for sending work our way. We found it would be just too difficult to pay a commission because home movers will think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
My wife and I purchased a leasehold flat in St Paul's Cray. Conveyancing and National Westminster Bank mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in St Paul's Cray who acted for me is not around. What should I do?
First contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to incur the fees of a St Paul's Cray conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I have had difficulty in trying to purchase the freehold in St Paul's Cray. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We can put you in touch with a St Paul's Cray conveyancing firm who can help.
An example of a Lease Extension case for a St Paul's Cray flat 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 term was 50.57 years.