When scouring moneysavingexpert.com for a high-quality solicitor in Stretford, most advise that I should look for a CQS accredited solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in home moving process, trusted by some of the UK's leading lenders. Four years ago the Conveyancing Quality Scheme was officially recognised by the Building Societies Association (BSA). CQS is not a scheme offered by the Society for Licensed Conveyancers. Stretford is one of the many areas of the UK where there are CQS solicitors.
Me and my brother own a 4 bedroom Edwardian house in Stretford. Conveyancing practitioner acted for me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold with the matching address. I thought I was buying a freehold how can I check?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Stretford and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with your conveyancing lawyer who carried out the work.
I am buying a new build apartment in Stretford. 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 conveyancing.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Stretford
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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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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. Please supply a car parking plan.
Due to the advice of my in-laws I had a survey completed on a house in Stretford before retaining lawyers. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some lenders may refuse to give a mortgage on this type of premises.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. Should you wish to call us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Stretford. Conveyancing will be smoother if you use a solicitor in Stretford especially if they are familiar with such properties in Stretford.
Can you offer any advice when it comes to appointing a Stretford conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Stretford conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Stretford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:
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Can they put you in touch with clients in Stretford who can give a testimonial? How familiar is the practice with lease extension legislation?
Leasehold Conveyancing in Stretford - A selection of Questions you should consider Prior to buying
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How many of the leaseholders are in arrears for their maintenance charge payments? Does the lease contain onerous restrictions? Is the freehold owned collectively by the leaseholders?
What is the distinction between surveying and conveyancing in Stretford?
Conveyancing - in Stretford or anywhere in England and Wales - is the process of legally transferring legal title of property from one person to another. It involves the investigation of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you’re buying and will help you discover the condition of the building and, if there are problems, give you a powerful reason for negotiating the buying price down or asking the seller to remedy the defects before you move in.