At what point will exchange of contracts occur in sale conveyancing in New Cross and am I required to be at the lawyers branch?

Where you are round the corner to one of the conveyancing solicitors in New Cross you are welcome to attend to sign the paperwork. However, the lender approved solicitors we work with supply a national conveyancing service and give just as diligent and professional a job for you when dealing with you by post or email. The executing of the contract is not the critical part. A signed contract simply enables the conveyancer to exchange contracts when the time is right, which is ordinarily shortly after signing. The procedure is nowadays normally dealt with by telephone and can be very rapid, although where a long "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in New Cross)to be in the office available at the end of the phone to exchange contracts.

My uncle passed away six months ago and as sole heir and executor I was left the house in New Cross. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this allowed?

If you intend to refinance then Aldermore will require that you use a conveyancer on the Aldermore conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Aldermore conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Aldermore mortgage is registered as a charge at the Land Registry.

The estate agent has sent us the confirmation of our purchase of a new build apartment in New Cross. Conveyancing is a frightening process 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 conveyancing.

Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in New Cross

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are surveyor prepared. 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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?

I opted to have a survey completed on a house in New Cross ahead of appointing solicitors. I have been told that there is a flying freehold element to the house. The surveyor has said that some banks will refuse to grant a loan on this type of property.

It depends who your proposed lender is. Santander has different instructions for example to Nationwide. Should you wish to call us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in New Cross. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in New Cross to see if the conveyancing costs will increase in light of this.

I am on look out for some leasehold conveyancing in New Cross. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in New Cross - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Following years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in New Cross. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Most certainly. We are happy to put you in touch with a New Cross conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a New Cross property is 41 Endwell Road in March 2013. this matter relateed to the acquisition of the freehold of a mid- terraced Victorian house converted into three separate self-contained dwellings. By an order dated 28/11/2012, Deputy District Judge Cole in the Bromley County Court held that the leaseholders were entitled to acquire the freehold and directed that the premium payable be determined by this Tribunal. The Tribunal assessed the premium to be £14,753 This case related to 3 flats. The unexpired lease term was 80.01 years.