Me and my fiance are buying a 2 bedroom flat in Southbourne with a mortgage. We like our Southbourne conveyancer, but the lender advise she’s not on their "panel". It seems we have little choice but to appoint one of the bank panel conveyancing practices or keep our Southbourne property lawyer and pay for one of their panel firms to represent them. We consider that this is inequitable; can we not demand that the bank use our Southbourne conveyancer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Southbourne conveyancing lawyer to apply to be on the conveyancing panel.
How does conveyancing in Southbourne differ for newly converted properties?
Most buyers of new build or newly converted property in Southbourne come to us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is built. This is because house builders in Southbourne tend to purchase the real estate, 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 used to new build conveyancing in Southbourne or who has acted in the same development.
I am looking for a flat up to £305k and found one round the corner in Southbourne I like with a park and railway links nearby, however it only has 52 years on the lease. I can't really find anything else in Southbourne in this price bracket, so just wondered if I would be making a mistake buying a short lease?
If you require a home loan the shortness of the lease will be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the property for a minimum of twenty four months you may request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.
Having checked my lease I have discovered that there are only 72 years remaining on my flat in Southbourne. I now want to extend my lease but my freeholder is missing. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist would be useful to try and locate and to produce a report which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Southbourne.
I acquired a garden flat in Southbourne, conveyancing having been completed July 2010. How much will my lease extension cost? Comparable flats in Southbourne with an extended lease are worth £207,000. The average or mid-range amount of ground rent is £60 yearly. The lease finishes on 21st October 2082
With just 57 years remaining on your lease we estimate the price of your lease extension to span between £28,500 and £33,000 as well as costs.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.
Can I determine who is the owner of a house in Southbourne?
As long as the property is registered with the Land Registry, and you have sufficient information of the location of the premises, you should be able to see results from the the Land Registry of the recorded owner for a fee.