I require conveyancing for a flat in a relatively new development (five years built) in Uttoxeter. Almost all the flats have already been disposed of. Do I need carry out the conveyancing searches as part of conveyancing in Uttoxeter?

You would be opening yourself up to an unnecessary risk in refusing to carrying out Uttoxeter conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal requirement to have them, but we would seriously advise in the strongest possible terms that your conveyancer conducts them. Where time pressures and cost are top of your issues you should discuss with your lawyer about the options such as indemnity insurance available to you

Please explain the implications if my solicitor is expelled from the HSBC Solicitor panel ahead of completing my conveyancing in Uttoxeter?

The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Uttoxeter. 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 conveyancing.

Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Uttoxeter

Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. There must be mutual enforceability of lessee’s covenants. Please confirm the Lease plans are architect prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.

I am attracted to a couple of flats in Uttoxeter which have approximately forty five years left on the leases. Will this present a problem?

A lease is a right to use the premises for a period of time. As the lease gets shorter the saleability of the lease deteriorates and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a conveyancer and surveyor with experience in this arena.

Leasehold Conveyancing in Uttoxeter - Examples of Queries before Purchasing

Does the lease have more than 90 years unexpired? Best to be warned if a new roof is being installed or some other major work is coming up that will be shared amongst the leasehold owners and will materially increase the the service fees or necessitate a one time payment. Generally speaking the outlay for major works are not included within service charges, albeit that there some managing agents in Uttoxeter ask tenants to contribute towards a reserve fund created for the specific purpose of establishing a fund for larger works.

If instructed can a conveyancer remove a person from the title of my property in Uttoxeter ?

Removing or adding someone to the title of your home is relatively straightforward. You’ll need to appoint a solicitor to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a conveyancer