It is 10 years ago since I purchased my house in Barton under Needwood. Conveyancing solicitors have now been retained on the sale but I can't find the title deeds. Is this a major issue?
Don’t worry too much. Firstly there is a possibility that the deeds will be retained by the lender or they may still be with the conveyancers who handled the purchase. Secondly the likelihood is that the land will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Nearly all conveyancing in Barton under Needwood relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
We previously selected conveyancing lawyers locally in Barton under Needwood on the Aldermore solicitor approved list. They are now charging me an additional fee for handling the Aldermore mortgage. Is this an additional conveyancing fee set by Aldermore?
As unfair as it may appear, as long as it’s in their Terms and Conditions or Quote then yes your conveyancing practitioner may charge a fee for this. This fee is not dictated by Aldermore but by your Barton under Needwood lawyer. Some firms on the Aldermore panel will quote ’dealing with mortgage’ fee and others do not.
I have decided to exercise my right to buy my property in Barton under Needwood off the council. I have a mortgage offer with Bank of Ireland. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Bank of Ireland, you will need to appoint a solicitor on the Bank of Ireland conveyancing panel.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Barton under Needwood bank branch on numerous occasions and was told they are content with the situation and they would lend. My Barton under Needwood conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend based on their specific requirements. Who do I believe?
As long as the property lawyer is on the lender approved list, they must follow the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I own a 4 bedroom Edwardian house in Barton under Needwood. Conveyancing lawyer acted for me and Nationwide Building Society. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold with the exact same address. Is it worth asking Nationwide Building Society to clarify?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Barton under Needwood and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing practitioner who conducted the work.
I am buying a new build apartment in Barton under Needwood. 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 legal work.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Barton under Needwood
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. There must be mutual enforceability of lessee’s covenants.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Barton under Needwood is where the house is located. What do you suggest?
Flying freeholds in Barton under Needwood are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Barton under Needwood you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Barton under Needwood may determine 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.