Are there restrictive covenants that are commonly picked up during conveyancing in Temple?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Temple. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am buying my first flat in Temple with a loan from Barclays . The sellers would not reduce the amount so I negotiated £7000 of extras instead. The sale representative suggested that I not disclose to my solicitor about the extras as it may put at risk my mortgage with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a simple, chain free conveyancing. Temple is where the house is located. Is there any advice you can give?
Flying freeholds in Temple are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Temple 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 Temple may decide 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.
Should I be wary by estate agents that I am dealing with are suggesting a nationwide conveyancing firm as opposed to a High Street Temple conveyancing company?
As is the case with many professional services, often suggestions from family and friends can be worth their weight in gold. Nevertheless there are many players in a conveyancing matter; estate agents, mortgage brokers and banks may recommend lawyers to instruct. Sometimes these solicitors might be known to one of the organisations as one of the best in their field, but sometimes there may be a commercial relationship behind the recommendation. You have the discretion to choose your own conveyancer. Don't forget that some mortgage providers specify a panel list of conveyancers you are obliged to use for the lender aspect of your transaction.
What are your top tips when it comes to finding a Temple conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Temple conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Temple conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be of use:
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How familiar is the firm with lease extension legislation?
I own a a ground floor purpose built flat in Temple. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum payable for the purchase of the freehold?
Where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the price.
An example of a Lease Extension case for a Temple residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case was in relation to 1 flat. The unexpired term was 66.8 years.