My uncle passed away last year and as sole heir and executor I was left the house in Cubitt Town. The house had a relatively small loan remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Santander will insist on your using a conveyancer on the Santander 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 Santander 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 Santander mortgage is registered as a charge at the Land Registry.
What can a local search tell me regarding the property I am purchasing in Cubitt Town?
Cubitt Town conveyancing often commences with the ordering local authority searches directly from your local Authority or via a personal search company for instance Onsearch The local search plays an important role in most Cubitt Town conveyancing purchase; as long as you don’t want any unpleasant surprises after you move into your new home. The search will reveal information on, amongst other things, details on planning applications applicable to the premises (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 13 topic areas.
I've recently found out that there is a flying freehold element on a property I put an offer in last month in what should have been a quick, no chain conveyancing. Cubitt Town is where the house is located. Can you offer any opinion?
Flying freeholds in Cubitt Town are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cubitt Town you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cubitt Town may determine 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 residence.
I've found a house that appears to meet my requirements, at a great price which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Cubitt Town. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Cubitt Town ?
Most houses in Cubitt Town are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Cubitt Town in which case you should be shopping around for a Cubitt Town conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your lawyer will advise you fully on all the issues.
I am the proprietor of a ground floor flat in Cubitt Town. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount payable for the purchase of the freehold?
Where there is a missing landlord or where there is dispute about the premium for a lease extension, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to make a decision on the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Cubitt Town premises is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case related to 3 flats. The unexpired term as at the valuation date was 101.61 years.
I recently become aware that one of the partners of the firm handling the purchase conveyancing in Cubitt Town is a relative of the seller. Is this allowed?
On the basis that no conflict arises this should be fine. If you are needing a home loan then the bank may have a say as many banks have specific instructions on this. For example for Clydesdale Bank as of 15/1/2026, the requirements read as follows :