My husband and I are intent on acquiring a ground floor flat in Winchester. My property lawyer has never been on on the bank approved panel. Can I still use my Winchester conveyancing solicitor notwithstanding that they are excluded from the mortgage company approved list?
Various options include
- Proceed with your existing Winchester solicitor but your mortgage company will no doubt retain a solicitor on their approved list. The net result is additional charges together with likely delay.
- Choose a fresh property lawyer to conduct the conveyancing, making sure they are on the mortgage company conveyancing panel.
- Appeal to your solicitor to attempt to join the mortgage company panel
We are downsizing from our home in Winchester and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. A local lawyer would know that there is no such problem. For the life of me I don't know why the buyers used a national conveyancing firm rather than a conveyancing solicitor in Winchester. We have lived in Winchester for 4 years we know of no issue. Do we get in touch with our local Authority to get clarification need.
It sounds as though you may have a conveyancing solicitor already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
I used Arc property Solicitors a few years ago for my conveyancing in Winchester. Now, I need the documents but the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Winchester of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Winchester differ for newly converted properties?
Most buyers of new build property in Winchester come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is finished. This is because house builders in Winchester usually purchase the real estate, 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 property lawyers 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 accustomed to new build conveyancing in Winchester 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 two weeks back in what was supposed to be a simple, chain free conveyancing. Winchester is where the house is located. Can you shed any light on this issue?
Flying freeholds in Winchester are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Winchester you would need to get your solicitor to go 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 Winchester 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 would like to let out my leasehold apartment in Winchester. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Notwithstanding that your previous Winchester conveyancing solicitor is no longer around you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.
I bought a 1st floor flat in Winchester, conveyancing formalities finalised in 2012. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Winchester with an extended lease are worth £192,000. The average or mid-range amount of ground rent is £55 charged once a year. The lease ceases on 21st October 2075
You have 54 years left to run we estimate the price of your lease extension to be between £32,300 and £37,400 plus legals.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.