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Recently asked questions about conveyancing in Malvern

As someone not used to conveyancing in Malvern what is the number one tip you can give me for the ownership transfer in Malvern

Not many law firms or advisers will tell you this but conveyancing in Malvern and elsewhere in Worcestershire is an adversarial experience. Put another way, when it comes to conveyancing there is plenty of room for friction between you and other parties involved in the ownership transfer. For instance, the seller, selling agent and sometimes the lender. Selecting a lawyer for your conveyancing in Malvern should not be taken lightly as your conveyancer is your adviser, and is the ONE person in the process whose role it is to look after your best interests and to keep you safe.

Sometimes a third party with a vested interest may attempt to persuade you that you should follow their advice. For instance, the estate agent may claim to be assisting by suggesting your conveyancer is wrong. Or your financial adviser may tell you to do something that is contrary to your conveyancers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.

Do commercial conveyancing searches reveal impending roadworks that may affect a commercial premises in Malvern?

Its becoming the norm that commercial conveyancing solicitors in Malvern will conduct a SiteSolutions Highways report as it reduces the time that conveyancers spend in looking into accurate data on highways that impact buildings and development assets in Malvern. The report sets out definitive data 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 Malvern.

For every commercial conveyancing transaction in Malvern it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can result in delays to Malvern commercial conveyancing transactions as well as present a risk to future plans for the site. These searches are not carried out for residential conveyancing in Malvern.

Just had an offer accepted on a new build flat in Malvern. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Malvern

    Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants.

Due to the input of my in-laws I had a survey completed on a house in Malvern in advance of appointing solicitors. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some banks will refuse to issue a mortgage on this type of home.

It varies from the lender to lender. HSBC has different instructions for example to Nationwide. If you call us we can look into this further 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 Malvern. Conveyancing will be smoother if you use a solicitor in Malvern especially if they are acquainted with such properties in Malvern.

I'm converting the mortgage on my existing property to a BTL loan with Alliance & Leicester and intend to use the remaining equity towards a second property. The location we are looking at is Malvern. Will your lawyers be able to act for the two banks and link together the conveyances?

Do use our comparison tool on this site to be sure that the conveyancers are on the relevant lender panels. On the basis that they are the conveyancer should be able to connect the two conveyancing matters but you should talk with you lawyer and make apparent your desired outcome and needs.

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Find out more about how flying freehold can affect your the value of a property.