We are buying a terrace house in Southend. We would like to carry out an extension to the side at the property.Will legal conveyancing on the property include enquiries to see if these alterations are permitted?
Your conveyancer should review the registered title as conveyancing in Southend can on occasion reveal restrictions in the title documents which prohibit categories of changes or need the permission of another owner. Certain works call for local authority planning permissions and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be sensible to check these issues with a surveyor before you commit yourself to a purchase.
Last month we had a mortgage agreed in principle with Co-operative. Southend conveyancing solicitors have been selected. What is the average time that one could expect to receive a mortgage offer from Co-operative?
There is no definitive answer here. Have Co-operative conducted the survey? Have you advised Co-operative as to your lawyers' details and checked that your lawyers are on the Co-operative conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have paid off my mortgage with Co-operative. I assume I don't need a Southend property lawyer on the Co-operative panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
I have been told that property searches are the primary reason for hinderance in Southend house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not feature within the common causes of hindrances in the conveyancing process. Searches are unlikely to feature in any delay in conveyancing in Southend.
My wife and I purchased a terraced Victorian house in Southend. Conveyancing lawyer represented 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 matching property. If a house is not a freehold shouldn't I have been informed?
You need to 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Southend and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the position with the conveyancing lawyer who conducted the work.
I'm buying a new build house in Southend with a loan from Santander. The builders refused to reduce the price so I negotiated five thousand pounds worth of additionals instead. The property agent suggested that I not reveal to my solicitor about this deal as it could affect my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. Southend is where the house is located. Can you shed any light on this issue?
Flying freeholds in Southend are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Southend you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Southend may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.