We are purchasing a newly constructed apartment in Hurworth and my conveyancer is advising me that she has to the mortgage company to disclose incentives from the builder. I am under pressure to sign contracts and my preference is not to delay the conveyancing. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Is it necessary to take out insurance to cover chancel repairs when acquiring a house in Hurworth?
Unless a prior purchase of the house completed post 12 October 2013 you may assume that lawyers carrying out conveyancing in Hurworth to continue to suggest a chancel search and or insurance against a claim.
I have a renovated Victorian house in Hurworth. Conveyancing solicitor acted for me and National Westminster Bank. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hurworth and other areas of 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 purchasers. You can also check the situation with your conveyancing solicitor who carried out the work.
How does conveyancing in Hurworth differ for new build properties?
Most buyers of new build or newly converted property in Hurworth come to us having been asked by the builder to exchange contracts and commit to the purchase even before the house is built. This is because new home sellers in Hurworth typically acquire the site, 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 Hurworth or who has acted in the same development.
Can you provide any top tips for leasehold conveyancing in Hurworth from the point of view of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Hurworth can be reduced if you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives. A minority of Hurworth leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors. If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Arranging a new share certificate is often a lengthy process and slows down many a Hurworth home move. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible. If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unresolved.
I own a leasehold flat in Hurworth, conveyancing formalities finalised half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Hurworth with an extended lease are worth £181,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease runs out on 21st October 2075
With 51 years remaining on your lease the likely cost is going to be between £30,400 and £35,200 as well as costs.
The figure above a general guide to costs for extending a lease, but we are not able to advice on the actual costs in the absence of comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you move forward based on this information before getting professional advice.