Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Hackney is the location of the property. Is there any advice you can impart?
Flying freeholds in Hackney are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Hackney you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hackney 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 property.
What does commercial conveyancing in Hackney cover?
Hackney conveyancing for business premises incorporates a wide range of guidance, given by qualified solicitors, relating to business property. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of tenancies.
In searching the internet for the words on line conveyancing in Hackney it brings up many solicitorsin the area. With so much choice what is the best way to find the right solicitor for my move?
The ideal method of finding a suitable conveyancer is through a trusted referral, so ask colleagues and family who have acquired a property in Hackney or a local estate agent or financial adviser. Charges for conveyancing in Hackney vary, so it's advisable to request at least four quotes from different property lawyers. Make sure that you clarify what costs in the quote includes.
All being well we will complete our sale of a £300,000 apartment in Hackney in six days. The management company has quoted £360 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Hackney?
Hackney conveyancing on leasehold maisonettes usually necessitates the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address these enquiries most will be willing to assist. They may levy a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, without which the charge is technically not due. Reality however dictates that you have no option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.
Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in Hackney. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a missing freeholder or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to make a decision on the amount due.
An example of a Freehold Enfranchisement decision for a Hackney premises is 150 Amhurst Road in December 2013. The tribunal concluded that the premium to be paid by the applicant for the enfranchisement of the subject property was £43,500. This case related to 4 flats. The unexpired term as at the valuation date was 90 (or thereabouts).
We are about to acquiring a house in Hackney. Could the property lawyer have the amount we are are buying for private from sites such as Nestoria. How can this be done?
HM Land Registry are legally obliged to specify price sold information on a register of the title for residential properties nationwide which includes homes in Hackney. The register of title is an open document, so HM Land Registry would be breaking the law excluded certain properties such as your property in Hackney.
In essence you can make a request of the Land Registry to hide the price paid data yet the response will be in the negative.