I have just started taking steps with the aim of transferring my domestic loan to a BTL Skipton Building Society mortgage. I have been informed by my broker that I require a conveyancer as part of the process. I got in contact with my past Walton on the Naze conveyancing solicitor who dealt with the legals when I originally acquired the property. The fee calculation issued of £470 is surprising as I am not require purchase conveyancing - it’s simply a bog-standard refinance.

The estimate fees seem a tad high. If you are willing to expend time comparing quotes you could get the conveyancing a bit cheaper by as much as £100 plus VAT. On the other hand, if you were content with the service the firm offered you couldlive to regret opting for an a cheaper conveyancer. Remember to be sure the solicitor can act for Skipton Building Society. You can employ our search tool to select a Walton on the Naze conveyancing firm on the Skipton Building Society approved list of lawyers, which can often include conveyancing solicitors in Walton on the Naze.

What does a local search inform me regarding the property I am buying in Walton on the Naze?

Walton on the Naze conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search company such as Xpress Legal The local search is essential in every Walton on the Naze conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your property. The search should supply information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.

I have a 4 bedroom Georgian property in Walton on the Naze. Conveyancing solicitor represented me and HSBC Bank. I did a free Land Registry search last week and there are a couple of entries: the first freehold, the second leasehold under the exact same property. I thought I was buying a freehold how can I check?

You need to 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 Walton on the Naze and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing practitioner who conducted the purchase.

Should I instruct a Walton on the Naze conveyancing lawyer in close proximity to the house I am buying? An old friend can handle the legal work however they are based 300miles drive away.

The primary upside of using a local Walton on the Naze conveyancing practice is that you can attend the office to sign documents, deliver your identification documents and apply pressure on them where appropriate. Having local Walton on the Naze know how is a bonus. That being said it's more important to get someone that will do a good and efficient job. If if people you trust instructed your friend and in the main were happy that should outweigh using an unfamiliar Walton on the Naze conveyancing solicitor just because they are round the corner.

I am employed by a busy estate agent office in Walton on the Naze where we see a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Walton on the Naze conveyancing solicitors. Please can you clarify whether the owner of a flat can commence the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 purchaser.

Walton on the Naze Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

Please note that where the lease has less than 80 years it will affect the marketability of the apartment. Check with your mortgage company that they are happy with the length of the lease. A short lease means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you will be required to have owned the premises for 24 months in order to be eligible to exercise a lease extension. The prefered form of lease arrangement is where the freehold title is in the ownership of the leaseholders. In this arrangement the lessees have control and although a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Best to be warned whether window replacement or some other significant cost is pending that will be shared by the leasehold owners and will materially increase the the maintenance fees or necessitate a one time payment.