Last June we completed a house move in Tower Hill. We have noticed several issues with the house which we suspect were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in Tower Hill?
The question is not clear as what problems have arisen and if they are unique to conveyancing in Tower Hill. Conveyancing searches and due diligence initiated as part of the buying process are carried out to help avoid problems. As part of the process, the vendor fills in a form referred to as a SPIF. answers turns out to be inaccurate, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Tower Hill.
I own a freehold residence in Tower Hill yet pay rent, why is this and what is this?
It’s unusual for properties in Tower Hill and has limited impact for conveyancing in Tower Hill but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
My grandmother passed away last year and as sole heir and executor I was left the property in Tower Hill. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to UBS, pay off the mortgage. Is this possible?
If you intend to re-mortgage then UBS will insist on your using a conveyancer on the UBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your UBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the UBS mortgage is registered as a charge at the Land Registry.
I am helping my niece sell her property in Tower Hill. Will the conveyancing solicitor commission the EPC or it is for the seller to see to?
After the abolition of Home Packs, EPC’s was left as a required part of moving property. An EPC should be to hand in advance of the property being marketed. It is not something that lawyers normally organise. Where you are using a Tower Hill conveyancing lawyer they might be willing to arrange energy assessments due to their relationships with reputable Tower Hill providers
When it comes to mortgage companies such as Coventry BS, do Tower Hill lawyers incur an annual charge to be on the conveyancing panel?
We are unaware of any mortgage company fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel application.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Tower Hill property lawyer on the Santander panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander 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 Santander mortgage from the register. Santander, 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 Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
My wife and I own a 4 bedroom Victorian property in Tower Hill. Conveyancing solicitor acted for me and Yorkshire Building Society. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold under the matching property. I thought I was buying a freehold how can I check?
You should review 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 Tower Hill and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with the conveyancing solicitor who conducted the conveyancing.
Just had an offer accepted on a new build apartment in Tower Hill. 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 selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Tower Hill
Please supply a car parking plan. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. There must be mutual enforceability of lessee’s covenants. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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.