Sample questions relating to Exeter leasehold conveyancing
I am on look out for some leasehold conveyancing in Exeter. Before diving in I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and almost all are in Exeter - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I’m about to sell my garden apartment in Exeter.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
My wife and I purchased a leasehold flat in Exeter. Conveyancing and Leeds Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Exeter who previously acted has now retired.Do I pay?
The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to instruct a Exeter conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am looking at a couple of flats in Exeter which have about fifty years remaining on the lease term. Will this present a problem?
There are plenty of short leases in Exeter. The lease is a right to use the premises for a period of time. As the lease shortens the saleability of the lease deteriorate and it becomes more expensive to extend the lease. This is why it is generally wise to extend the lease term. Sometimes it is difficult to sell a property with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease enfranchisement can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area
What advice can you give us when it comes to finding a Exeter conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Exeter conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Exeter conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- If they are not ALEP accredited then what is the reason?
Exeter Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying
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In the main the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Exeter require leaseholders to contribute towards a sinking fund created for the specific intention of establishing a fund for major repairs or maintenance.
Be sure to enquire if there is anything that is prohibited in the lease. By way of example it is reasonably common in Exeter leases that pets are not permitted in certain buildings in Exeter. If you love the propertyin Exeter but your cat is not allowed to move with you then you have a very hard decision.
What is the name of the managing agents?
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