It is 10 years ago since I bought my house in Tilbury. Conveyancing solicitors have now been appointed on the sale but I can't locate my title deeds. Is this a problem?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by the lender or they could be in the possession of the solicitor who handled your purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Tilbury relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is resolvable.
What can a local search tell me regarding the house my wife and I purchasing in Tilbury?
Tilbury conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search company for example Searchflow The local search plays a central role in most Tilbury conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your new home. The search will supply 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 thirteen topic sections.
I opted to have a survey completed on a house in Tilbury in advance of instructing solicitors. I have been told that there is a flying freehold element to the property. My surveyor has said that some mortgage companies may refuse to issue a loan on a flying freehold premises.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Tilbury. Conveyancing will be smoother if you use a solicitor in Tilbury especially if they are familiar with such properties in Tilbury.
I own a leasehold flat in Tilbury. Conveyancing and The Mortgage Works mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Tilbury who previously acted has long since retired. Any advice?
The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to instruct a Tilbury conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Leasehold Conveyancing in Tilbury - Examples of Queries Prior to buying
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Where a Tilbury lease has fewer than 80 years it will impact the salability of the apartment. Check with your lender that they are content with residual term of the lease. A short lease means that you will almost definitely have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you would be be obliged to have owned the property for two years before you are eligible to extend the lease. It would be prudent to find out as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical issues such as the upkeep of the common parts. Don't be afraid to ask other people if they are happy with their service. On a final note, find out the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. Does this lease have more than 80 years remaining?
Do I need to attend the offices of the bank conveyancing panel solicitor to sign the legal charge? If so, I will choose one who does conveyancing in Tilbury as it will be easier to pop in to their offices if required.
Most conveyancing panel lawyers for the bank undertake conveyancing via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. YOu dont have to use a conveyancing solicitor in Tilbury. However you should check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.