Do commercial conveyancing searches reveal impending roadworks that could affect a commercial premises in Herne Bay?

Its becoming the norm that commercial conveyancing solicitors in Herne Bay will order a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in researching accurate data on highways that impact buildings and development assets in Herne Bay. The search result sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Herne Bay.

For each commercial conveyancing transaction in Herne Bay it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately could result in delays to Herne Bay commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not ordered for residential conveyancing in Herne Bay.

I purchased a renovated Edwardian house in Herne Bay. Conveyancing lawyer represented me and The Royal Bank of Scotland. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?

You should 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 Herne Bay and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with the conveyancing lawyer who conducted the purchase.

How does conveyancing in Herne Bay differ for newly converted properties?

Most buyers of new build property in Herne Bay approach us having been asked by the builder to sign contracts and commit to the purchase even before the property is built. This is because builders in Herne Bay tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Herne Bay or who has acted in the same development.

I am a negotiator for a long established estate agent office in Herne Bay where we have experienced a few leasehold sales jeopardised as a result of short leases. I have been given inconsistent advice from local Herne Bay conveyancing firms. Please can you clarify whether the seller of a flat can commence the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Leasehold Conveyancing in Herne Bay - Sample of Queries before Purchasing

Best to be warned whether changing the roof or some other major work is pending that will be shared amongst the leasehold owners and may well materially impact the level of the maintenance costs or necessitate a one off payment. If a Herne Bay lease has less than eighty years it will have adverse implications on the marketability of the apartment. Check with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will most likely need a lease extension sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you will need to own the residence for 24 months before you are eligible to exercise a lease extension. The answer will be helpful as a) areas may result in problems in the block as the common areas may start to deteriorate if services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will want to have complete disclosure

I am purchasing a garden maisonette in Herne Bay. Conveyancing solicitor is awaiting, from the owner, building insurance documents. This morning I was advised that the seller must send the insurance paperwork for the flat above in addition. Why would my property lawyer want to see the insurance for the flat above? Is it strictly required? We have been stalled for the last fortnight…

It is not unheard of in leasehold conveyancing in Herne Bay to find Conveyancing in Herne Bay in a minority of cases reveals that the lease requires the tenant's to insure their individual flats as opposed to the landlord insuring the entire property - which is definitely preferable. You should check with your conveyancing practitioner but it would appear that your conveyancing practitioner is looking to verify that the complete building is insured. Insuring a ground floor apartment is no help when it comes to rebuilding after a fire if the other flat cannot be rebuilt as a result of lack of insurance cover.