My lawyer has identified a a legal deficiency with the lease for the flat we are purchasing in Noak Hill. The seller’s lawyers have offered defective title insurance as a workaround. We are content with insurance and will cover the costs. Our says that he must check that the mortgage company is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your must comply with the UK Finance Lenders’ Handbook specifications. 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 will have no choice but to discontinue acting for you.
My grandmother passed away last year and as sole heir and executor I was left the property in Noak Hill. The house had a relatively small loan remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to , pay off the mortgage. Is this possible?
If you intend to refinance then will insist on your using a conveyancer on the conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the mortgage is registered as a charge at the Land Registry.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to have this when purchasing a property in Noak Hill? or I am told that there is an ancient law that could mean that owners of property residing in a parish church boundary will be compelled to contribute towards maintenance to the chancel in proximity to the church. Is this appropriate for conveyancing in Noak Hill?
Unless a prior purchase of the premises took place post 12 October 2013 you can assume that conveyancing practitioners conducting conveyancing in Noak Hill to continue to advocate a chancel search and or chancel repair liability insurance.
I opted to have a survey carried out on a house in Noak Hill ahead of appointing lawyers. I have been informed that there is a flying freehold overhang to the house. Our surveyor advised that some banks tend refuse to give a mortgage on this type of premises.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. If you call us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Noak Hill. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way does the Landlord & Tenant Act 1954 affect my commercial premises in Noak Hill and how can you help?
The particular law that you refer to gives protection to commercial tenants, giving them the right to make a request to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Noak Hill is one of our hundreds of areas of the UK in which the firms we work with are located