Top Five Questions relating to Salcombe leasehold conveyancing
I am on look out for some leasehold conveyancing in Salcombe. Before I get started I would like to find out the remaining lease term.
Assuming the lease is registered - and almost all are in Salcombe - 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.
I have recently realised that I have 68 years remaining on my flat in Salcombe. I need to get lease extension but my freeholder is can not be found. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to find the lessor. In some cases an enquiry agent may be helpful to try and locate and to produce a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Salcombe.
I own a leasehold house in Salcombe. Conveyancing and Birmingham Midshires mortgage are in place. 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 1996. The conveyancing practitioner in Salcombe who acted for me is not around.What should I do?
First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Salcombe conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to appointing a Salcombe conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Salcombe conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Salcombe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- If they are not ALEP accredited then what is the reason?
Completion in due on the disposal of our £275000 maisonette in Salcombe in just under a week. The landlords agents has quoted £312 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Salcombe?
Salcombe conveyancing on leasehold apartments ordinarily necessitates fees being invoiced by management companies :
- Answering pre-contract questions
- Where consent is required before sale in Salcombe
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Salcombe Conveyancing for Leasehold Flats - Sample of Queries before buying
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How much is the annual maintenance fee and ground rent?
What prohibitions are there in the Salcombe Lease?
Where a Salcombe lease has fewer than 80 years it will impact the marketability of the flat. Check with your mortgage company that they are happy with the length of the lease. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of what this will be. For most Salcombelease extensions you would need to own the property for two years before you are entitled to carry out a lease extension.
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