Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

oh gosh, sorry for all the missing letters! shouldn't type when it's late.

Thank you mummytogeorge. If we have exchanged letters though would we need to be open about this? Would a solicitor normally ask for the relevant correspondence as part of the enquiries? Also our deeds say nothing about who maintains the boundaries. We have an old Victorian property and when I searched st the land registry the info was really limited. I am pretty sure the original deeds from the first conveyance wont exist.

@Ann1979 no problem ann have a lovely bank holiday weekend :-) x

@CatAndHisKit if the works were done over 10 years ago I would most definitely refuse indemnity of acting for the sellers. Ha don't worry about the spelling haha late night :-) xx

@MGMidget if the deeds are silent in respect of boundaries then that means all boundaries are joint boundaries and are to be repaired maintained and renewed at the joint expense of each respective property owner. If you have letters you should disclose these, it might be best to be open about this with the agent so any prospective buyer can be aware from the outset and the buyer can then decide whether they want to proceed. It doesn't make the property unsaleable but it may put some buyers off. The buyers solicitors would only raise this as an enquiry if you'd either 1) made the agent aware 2) made the buyers aware 3) it was revealed as part of their survey.

X

@MummytoGeorgie we need to slow down the conveyancing whilst my OH gets a new job (lost due to redundancy early on in conveyancing process - hoping to get a new one soon to save the chain). The rest of the chain have no idea but our solicitor does. Other than just dragging out feet and doing everything reallllly slowly, can you think of any annoying questions / ways we can drag out the process? It's a bit awkward as originally we were pushing for end of June completion 😬

Hi @MummytoGeorgie,

Thank you so much for starting this thread.
We are 5 months into the process of buying a probate property.
Grant of probate is expected in the next few weeks.
We have not received the property information form or any answers to our queries.
Our conveyancer says they do not need to complete the PIF or obliged to answer any of our queries.
I feel like they are running down the clock until the end of the June stamp duty holiday.
Is this normal? Should I be worried?

Many thanks

Hi OP, sorry I keep coming back.

If you remember, our solicitor wasn't getting any help from our sellers solicitor regarding the rent charge issue. (DOV, RX2 and amendment to title rejected). So he is now requiring a letter from the builder (who made the management company when houses were built) to confirm he has never in 3 years charged the residents and has no intention of doing so. Plan is for residents to form a management comittee ... and to send this to lender for approval.

Do you have any idea if this sort of thing wont get approved? Im panicking. My husband is acting as if we will be moving and wanting to pack more bits, but my anxiety is sky high and I want a real idea of the likelihood of lender rejecting in this scenario. Our lender is nationwide if that helps?

Hi @MummytoGeorgie kind of you to offer.

Do you have any advice on buying a house with solar panels on lease? Looks like the lease has to transfer to the new owners.
Would this have any effect when we are looking to sell (there will still be a few years left at that point)?

@TheLette hey, have you got your mortgage offer yet or is that reliant on the new job? Some solicitors say they're still waiting on search results if they need to delay but I don't know if that's yet been revealed as received.

I would say it's best to be honest if it gets to mid June because people will also be making plans for the end of June...

Or you could suggest another timescale at this stage and just say that due to personal reasons you cannot complete before end of I.e July/august.

I hope he manages to secure something and the chain doesn't collapse!

Xx

@kettlecity hey, so sorry the transaction is taking so long but glad to read the probate is almost in!

So when you purchase a probate property, the persons selling the property usually have no knowledge of the property as they are selling as executors. Therefore, a lot of solicitors that act for the sellers will state that they are not going to complete the property information form or fittings and contents form and that the property is sold as seen.

Me as a solicitor would always request that they feel it out to the best of their ability so that you do get something but sometimes they just answer not applicable in all questions because they just don't know.

It is very important when you purchase a probate property as the sellers do have limited knowledge or no knowledge at all that you have your survey undertaken and the anything you are unsure of is thoroughly investigated through your solicitor.

As the property will be sold as a limited title guarantee on the contract it basically means that you cannot rely upon any of their responses so you really do need to check things more so. Xx

@Evecob Hi Eve, no problem at all. Unfortunately I really would not know, these things are assessed on a case-by-case basis and the query would go back to the underwriters for them to approve. Nationwide, being one of the main High Street lenders, I'm pretty flexible more so than other lenders but i really cannot advise whether they would accept or not... your solicitor should fax them a letter ASAP so the situation is clear. Hope they do approve and sorry I can't advise further xx

@Ladybud hello, thank you for your question. There wouldn't be any issues when you come to sell the property as this is quite common with solar panels. I would just ensure that the seller has the MCS installation certificate (building regulations) as you will need this when you come to sell. Xx

Hi @MummytoGeorgie , this is so nice of you. Hope my question is ok - we are buying a new build for the first time (owned houses before but never new build) - is there anything that we need to look out for/ask/be wary of please?

@SaveAHorseRideAHighlander Hey, thanks for your message. Your solicitor will review the title documentation and carry out searches in the usual way to ensure that everything is in good order as she/he would a house that wasn't new build.

I would just check what the developer requires in relation to completion. When you exchange on a property that is not a new build you get a fixed completion date (day you get the keys). If the build is not yet finished or they need to finalise things sometimes they want to exchange ASAP with completion on notice with a long stop date.

For example, if you were ready to exchange today you'd exchange but you wouldn't have a fixed comp date they'd give you 10 days notice of when they were ready to complete by end of November 2021 (long stop date - date completion must occur by).

This is dealt with all by the contract so I'd just check this point early so you know where you stand. Hope you do get a fixed comp date!

Good luck with the purchase xx

Morning mummytoGeorgie, hope you had a good bank holiday :)

We had the builder write and sign a letter to say he never has and never will charge us an estate rentcharge and it will be left up to us. Our solicitor has sent this to our lender this morning. Hopefully it will be expidited and we will get an answer within tje next day or so! I honestly dont think my husband and I can stand anymore waiting and stress, so glad it will be coming to an end soon.... but our solicitor says he has to get a bespoke indemnity insurance for this situation as the usual one that costs £70 doesnt cover us.

Do you know how much roughly bespoke indemnity insurance can cost, and if it takes a while to get? We are really hoping we can be signed off by friday if our lender is ok with it!

@Evecob hi Eve, I had a lovely bank holiday weekend thank you I hope you did too! :-)

Bespoke indemnity shouldn't take more than 24 hours if the solicitor advises its urgent.

I would be surprised if you get a response by the lender by this Friday though I would expect early next week unless your solicitor chases it daily even twice daily so keep on top of them.

You may be able to get your mortgage broker to chase directly too for a response.

I hope the letter from the developer states that they won't charge you or any future owner the estate rent charge to cover you when they come to sell the property (even then some solicitors will be picky and advise their client that a deed of variation is required and who is to say that the new buyers lender would be accepting when you come to sell please remember that). If the letter doesn't say that just get another signed prior to completion for your own retention.

Bespoke indemnity can be between £100-300 I would estimate. Also check if your solicitor charges a fee for arranging the indemnity as many do!

Hope you get the response you need ASAP!

Xx

@MummytoGeorgie thanks so much for doing this! Would you mind if I asked a few (hopefully simple!) questions?

House we are selling - did 2 extensions. One in 2019 for which we have all the approval certificates. One in 2010 and I can't find any of them. I see our council allows us to apply to Building Control to get them - should I do this or will their solicitors do it anyway?

House we are buying - has some land in possessory title but held for more than 10 yrs so I assume solicitor can apply for absolute title? And there is a restrictive covenant on the property from a sale back in 1956 - 'purchaser doesn't become entitled to any easement or right of light or air or other easement which would restrict or interfere with free use of adjoining or neighbouring land of the vendors or any person deriving title under them for building or any other purposes'. The house is the middle of a row of terraces in a conservation area so not sure if that is an issue?

Hi again, OP.
Could you also advise how to make the buyer and his side speed up? Should my solicitor be more insistent, as the agent already chasing them daily but not getting anywhere. What works to make the buyer start beeing a d**k?

We've renegotiated the price, I came down on condition that we exchange ASAP. All was in order, he asked the completion date, I agreed. Over two weeks on - no transfer form that they need to send to my solicitor for me to sign. They are not telling my agent why the delay, buyer keeps saying 'I'll talk to my solicitor to see when the exchange is'. I'm really climbing the walls - after months of dragging it out, we've now reached all the points needed, and still a delay. We have agreed to the delayed completion - don't know if he wants to delay deposit transfer maybe. Thank you again!

I meant, start being LESS of a d*.

@TheFunBus hey. Thanks for your questions... so...the 2010 extension I would firstly advise that you hold no paperwork when this is raised by their solicitors and ask whether it's revealed on their searches....When the buyer carries out searches on the property the local search will reveal any planning permissions granted to the property and any passed building regulations.'if the 2010 extension is noted on there then that means that the correct regulations were obtained at the time of works but you merely do not have the certificates. There is no risk to the buyer.

If the extension is not on there then as the works are over 10 years old I would refuse to provide anything further... the buyers solicitors may request you put indemnity insurance (if not noted on search) in place (usually no more than £100 for this) at your cost to cover the buyer in an event of enforcement action. Again, if they requested this I would refuse. S36 of the Building Act 1994 states that enforcement action cannot be taken for building regs after 12 months of the works completing except by court if the works are unsafe. The fact it's over 10 years old I would say it's hardly unsafe and if the buyer feels that there is any risk then they can obtain indemnity Insurance at their own expense.

Regarding the land that is possessory title I would request that the sellers upgrade this to absolute title prior to exchange to protect yourself in the event of any issues at the land registry post completion.

The restriction you mention is common.
If for example your neighbour decided to put up an extension that may restrict the light into your garden they could do this as you're not entitled to a right of light. If there was grassland behind your property owned by the council and they decided to do this they could even if it blocks your light as you're not entitled to a right of light. I hope that makes sense!

Good luck with your sale and purchase xx

@CatAndHisKit Hey, I think it's definitely time
To put forward a deadline....
With a price negotiation the buyers solicitors will have to report this t the buyers lender as the lender will 1) need to agree and 2) possibly send out a revised mortgage offer...

I would give your solicitor clear instructions that
If you do not get a full update, transfer to sign and confirmation as to when they will be ready to exchange by (end of week or close of business today) then you will have no other alternative than to withdraw the reduction agreement.

I would also advise the agent the same and chase them twice daily as well as your solicitor. Apply pressure constantly and you will usually get an answer! I'd be surprised if the agent doesn't know the delay, they're probably holding the answer close to their chest as they do many times!

Xx

@MummytoGeorgie thank you so much for your response, hugely appreciated :). Hope you are enjoying your maternity leave in the sunshine!

@TheFunBus 1984* and you're welcome :-) x

Hi again. Hopeyou had a lovely weekend.
So my son has spoken to his solicitor and she has again said no mention of staircasing but there is!!

Would you take a look as you mentioned you might? I would probabaly need to message you as document is quite big

So sorry am just worried that she isn't seeing this and hoping I am wrong

Hi OP, very generous of you!

I'm currently in the process of removing my exh's name from the mortgage, it's all going through with the lender happily enough, and they said they will contact my chosen conveyancing solicitor for all the paperwork to be processed.

Is this all similar to buying a house, in that I would need to get a surveyor and everything, or is it just a bit of paperwork to sign and the land registry sorted, etc?

Me again. How much will our solicitor know of our buyer's progress? They don't need a mortgage and aren't getting a survey, so we're not really getting any of the normal benchmarks that the sale is progressing as expected. Our EA has tried chasing, but I wonder if solicitor might be better placed.
Thanks!

I'm hoping to sell my London flat as I am now overseas. What's the quickest easiest way to do this?
Stress free too?

@jesper1 hey, hope you had a lovely weekend too... please take a screen shot
And upload the pics here xx

@EShellstrop hello, I hope you are well. I assume you're remortgaging at the same as of transfer? If so, the lender may require searches to be undertaken on the property but some will allow you to take out an indemnity policy (IP) instead... who is your lender and I can check for you.

If you need searches they can take weeks at the moment with all the delays re covid .. an IP takes a day or two to obtain and costs significantly less.

Other than that it's just a matter of the solicitor drafting the transfer deed and sending it to you to sign, obv your ex will need to be separately represented.

You won't need a survey as you already live there.

Xx

@Andthenanothercupoftea the solicitor will only know what they are being told by the other side. They of course can chase but they cannot speak to the buyer whereas the agent can speak to all parties including the buyer. Keep on both of them to keep the pressure on! Xx

@LuvMyBubbles hello! I hope that you're well. Sales are generally less stressful than purchases but it depends on your solicitor I guess as some are a nightmare to get hold of you will want one that is good at touching base with you and responds promptly to emails etc.

You should start getting your ID sorted as being overseas, your solicitor will want you to take in your original passport and 2 proofs of address as well as a document linking you to the sale property to a local solicitor who will need to notarise them. Not certify, notarise! Then you will need to provide the original notarised copies to your solicitor in the post. I'd start doing this now to ensure that there aren't any delays when you get started. You'll have to respond to some of the buyers queries during the transaction but that can be done my email. You will also need to sign the contract and transfer deed so get those ASAP so that you can send the originals back in the post to your solicitor. Re the stress free part it really depends on whether all legal docs are in good order and that the property has good title which I wouldn't know unless I was your solicitor.

One other thing, assuming your property is a leasehold as soon as you get a buyer you will need to get "replies to LPE1 form/management pack" from the landlord/agents. If you pay ground rent and service charge to two separate companies then 2 packs will need to be obtained do this ASAP as the landlord/agents can take weeks to provide this!

Good luck!! Xx