Examples of recent questions relating to leasehold conveyancing in Mayfield
I am on look out for some leasehold conveyancing in Mayfield. Before I set the wheels in motion I would like to find out the remaining lease term.
If the lease is registered - and 99.9% are in Mayfield - then the leasehold title will always include the basic details 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.
Planning to sign contracts shortly on a ground floor flat in Mayfield. Conveyancing lawyers assured me that they report fully tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Mayfield should include some of the following:
- Setting out your rights in respect of the communal areas in the building.By way of example, does the lease grant a right of way over an accessway or staircase?
Back In 2000, I bought a leasehold house in Mayfield. Conveyancing and Barnsley Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Mayfield who acted for me is not around.Do I pay?
The first thing you should do is contact the Land Registry to be sure that this person is indeed the new freeholder. There is no need to instruct a Mayfield conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I've recently bought a leasehold property in Mayfield. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
What makes a Mayfield lease unmortgageable?
There is nothing unique about leasehold conveyancing in Mayfield. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain elements of the property
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Barnsley Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.
Leasehold Conveyancing in Mayfield - A selection of Questions you should consider Prior to Purchasing
Be sure to investigate if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in in a block in Mayfield. If you like the apartmentin Mayfield however your cat can’t make the move with you then you have a very difficult choice.
Generally speaking the outlay for major works tend not to be incorporated into the maintenance charges, although there some managing agents in Mayfield ask leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for major works.
How many of the leaseholders are in arrears for their service charge payments?