Our conveyancer has identified a a legal deficiency with the lease for the flat we are purchasing in Worsley. The other side have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor has advised that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I purchased a freehold house in Worsley but still charged rent, why is this and what is this?
It’s unusual for properties in Worsley and has limited impact for conveyancing in Worsley but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
As co-executor for the will of my father I am selling a property in Newport but I am based in Worsley. My lawyer (who is 260 kilometers awayhas requested that I sign a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing lawyer in Worsley to witness and place their company stamp on the document?
strictly speaking you should not need to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will be fine regardless of whether they are based in Worsley
I am hoping to complete next month on a studio apartment in Worsley. Conveyancing lawyers assured me that they report fully within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Worsley should include some of the following:
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You should be advised what constitutes a Nuisance as far as the lease is concerned You would want to be sent a copy of the lease An explanation concerning the obligations as set out in the lease to pay service charges - in relation to the building, and the more general rights a tenant has Additions to the property
I own a 1st floor flat in Worsley, conveyancing was carried out 3 years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Worsley with over 90 years remaining are worth £227,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease terminates on 21st October 2097
You have 72 years left to run the likely cost is going to range between £9,500 and £11,000 plus professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use the figures in tribunal or court proceedings. There may be additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.
Why is it not possible to complete our conveyancing in Worsley on Good Friday?
This is due to the fact that on completion the funds will be transferred electronically between the banks of the buyer and owner’s conveyancing practitioner and currently this can only happen on a working day. So you can't complete on a saturday or sunday either.