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Recently asked questions about conveyancing in New Milton

My best friend’s sister is a property lawyer. I am hopeful that I will receive preferential rates for conveyancing, However if that does not come through, what level of figure should I be paying for conveyancing in New Milton?

It’s prudent to obtain multiple conveyancing quotes. Make use of our search tool on this page. You will notice that quotes may vary but the service one can expect differ between law firms as is the case with most professions.

The sellers of the property we are looking to purchase have instructed a conveyancing solicitor in New Milton who has insisted on a lock out contract with a deposit 6,000. Are such agreements sensible?

There are two primary drawbacks with entering into any lock out agreement (also referred to as a shut-out contract) is that it takes away the focus from moving forward with the conveyancing transaction itself, so unless it requires little or no negotiation then it may turn out to be unhelpful. It is not promoted by New Milton conveyancing practitioners as a result. A further issue is the extent of the remedies available - a jilted buyer is extremely unlikely to win an injunctive ruling by a court to prohibit the owner selling to a third party, so the only remedy available under the agreement will be the reimbursement of abortive charges and, in rare situations, the additional payment of damages.

What does a local search tell me concerning the house we're buying in New Milton?

New Milton conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search organisations such as Xpress Legal The local search plays a central role in many a New Milton conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your new home. The search should reveal information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.

I have a renovated Edwardian property in New Milton. Conveyancing lawyer acted for me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold under the exact same address. Is it worth asking Yorkshire Building Society to clarify?

You should assess 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 New Milton and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing lawyer who conducted the purchase.

The estate agent has sent us the confirmation of our purchase of a new build flat in New Milton. 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 few leasehold new build questions that you may expect your new-build leasehold conveyancing in New Milton

    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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. Please supply a car parking plan.

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