My solicitor has uncovered a defect with the lease for the apartment we are buying in Yorkshire Dales. The other side have put forward title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner says that he must be satisfied that the mortgage company is content with this solution. Are we the client or is the bank?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. These conveyancing instructions must be adhered to.
I am close to exchanging contracts on the sale of our home in Yorkshire Dales and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local conveyancer would know this is not the case. It does beg the question why the buyers instructed an internet conveyancing firm rather than a conveyancing solicitor in Yorkshire Dales. Having lived in Yorkshire Dales for six years we know that this is a non issue. Is it a good idea to contact our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? You must check with 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 ailment)
The deeds to our property are lost. The conveyancers who did the conveyancing in Yorkshire Dales 5 years ago no longer exist. Will I be able to sell the house?
Nowadays there are duplicates made of almost everything, and your solicitor will be aware precisely where to locate all the relevant documentation so you may purchase or dispose of your property without any difficulty. Where copies are not available, your conveyancer may be able to arrange cover in the form of insurance or indemnities protecting you against future claims on the premises.
How does conveyancing in Yorkshire Dales differ for new build properties?
Most buyers of new build property in Yorkshire Dales approach us having been asked by the seller to exchange contracts and commit to the purchase even before the property is ready to move into. This is because new home sellers in Yorkshire Dales typically acquire 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 conveyancers 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 Yorkshire Dales or who has acted in the same development.
I own a leasehold house in Yorkshire Dales. Conveyancing and Santander mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Yorkshire Dales who previously acted has long since retired. Any advice?
The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Yorkshire Dales conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Yorkshire Dales Conveyancing for Leasehold Flats - Examples of Queries before buying
-
Who is in charge of the block? Is there a share of the freehold? What is the length of the lease?
Am in the process of purchasing my first home in Yorkshire Dales. Conveyancing lawyer already chosen. The mortgage adviser advised that a survey is not appropriate as the property was only built 16 yrs ago.
The bare minimum you need a Home Buyer's Report. As the residence was built more than a decade ago the property will not benefit from a warranty, so you would be well advised not to take a risk. For a property that age with no signs of defects a Home Buyer's report may be sufficient. The report should highlight any apparent issues and suggest further investigation where appropriate. If there are any indications of problems obtain a full Building Survey from the beginning.