Have just purchased a repossessed house at auction in Walton on the Naze. Conveyancing is needed. What happens now?
Now that you have legally committed yourself to purchase you must hire the services of a conveyancing solicitor as a matter of urgency as you are facing a tight a fixed date to complete the transaction. All auction property will ordinarily have a corresponding auction set of papers. This will likely include evidence of title and search results. In the case of leasehold premises the legal pack should provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to leasehold premises. You should give this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that your finances are in place to complete the transaction on the set completion date.
I am the only recipient of my late grandmother’s will with all property in now in my sole name, including the my former home in Walton on the Naze. Conveyancing formalities meant that the Land Registry date was in November. I now wish to sell up. I do know about the CML six month 'rule', which means that my property ownership will be treated the same way as if I'd bought the property in November. Is the property unsalable for six months?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How sensible a view banks take of it, depend on the mortgage company as this obligation is chiefly there to capture the purchase and immediately sell or the flipping of properties.
Having digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Walton on the Naze solicitor - who is on the Nationwide conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Walton on the Naze surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I used Arc property Solicitors a few years ago for my conveyancing in Walton on the Naze. I now require my file but cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Walton on the Naze of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Walton on the Naze is where the house is located. Can you offer any assistance?
Flying freeholds in Walton on the Naze are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Walton on the Naze you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Walton on the Naze 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.
How simple is it to use the search tool to get a fee calculation from a conveyancing lawyer in Walton on the Naze on the authorised to act for my mortgage?
First select a lender such as Lloyds TSB Bank, Virgin Money or Godiva Mortgages Ltd then type in your preferred area for instance Walton on the Naze. Conveyancing organisations in Walton on the Naze and beyond should be shown.
I am attracted to a couple of apartments in Walton on the Naze both have in the region of fifty years left on the leases. Will this present a problem?
There is no doubt about it. A leasehold flat in Walton on the Naze is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it reduces the marketability of the property. The majority of buyers and banks, leases with under 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Walton on the Naze conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I acquired a basement flat in Walton on the Naze, conveyancing having been completed in 1995. Can you shed any light on how much the price could be for a 90 year extension to my lease? Comparable properties in Walton on the Naze with an extended lease are worth £197,000. The average or mid-range amount of ground rent is £55 yearly. The lease expires on 21st October 2079
You have 55 years left to run we estimate the premium for your lease extension to range between £31,400 and £36,200 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.