Willusing a Braintree conveyancing practice make my purchase more efficient?
Braintree is a unique place, where neighbourhood experience is a significant benefit. The laid-back lifestyle is great – just not when it comes to your home move. The conveyancers that we recommend possess wide Braintree know how with a proactive, hands-onattitude that helps everything runs smoothly. It will certainly help that they can make use of established relationships with financial advisers, search providers, surveyors and counterpart Braintree conveyancing practitioners
I purchased a freehold premises in Braintree but still pay rent, why is this and what is this?
It is rare for properties in Braintree and has limited impact for conveyancing in Braintree 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 have existed for hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Virgin Money Conveyancing panel ahead of completing my conveyancing in Braintree?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Have just purchased a probate house at auction in Braintree. Conveyancing is necessary. What is next?
Having legally bound yourself to purchase you must hire the services of a conveyancing practitioner as a matter of urgency as you will have a fast approaching a fixed date to complete the transaction. An auction property will have a corresponding legal set of papers. This will include evidence of title and search results. Where you are dealing with leasehold premises the legal pack may provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork pertinent to leasehold premises. You should give this to your appointed conveyancing solicitor as soon as possible. Do make sure that that you have the requisite funding organised to complete the transaction on the set completion date.
Are all Braintree Conveyancing Quality Solicitors on the Principality conveyancing list of approved practices?
Some major lenders now utilise CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of conveyancing solicitors.
I have decided to exercise my right to buy my property in Braintree off the council. I have a mortgage agreed with Yorkshire BS. 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 use 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 Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
I am an executor of my recently deceased aunt’s Will, with a house in Braintree which is to be marketed. The property has never been registered at HMLR and I'm told that some EAs will insist that it is completed before they'll move forward. What's the procedure for this?
In the circumstances you refer to it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.