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Category Archives: Team Members for Property

HCL

Posted by MOTO - Admin

Residential property

We provide a smooth, efficient and friendly service for a competitive price. From our experience we understand the stress involved in moving home and try to minimise it.

We offer fixed fees and are happy to give you a written quote on request.

The quotes we give are based on transactions proceeding without unforeseen complications and in the vast majority of residential property transactions this does not vary. In the exceptional case however if in the course of acting we discover something that complicates the transaction and requires work over and above the normal amount quoted we will notify you immediately. You will be given an updated estimate to cover the extra work. It will then be up to you to decide if you wish to proceed at the increased level or not.

Please go to “Your Conveyancing Quote” to obtain our fixed fee Quote.

It is difficult to give exact time scales for property sale and purchases. The general rule however is that if they are one off transactions without any complications they should go through between 6-8 weeks. If however you are involved in a chain of transactions this can be far longer depending on the length of the chain and individual circumstances. Cash purchases and Auctions

The following are basic summaries of the key steps involved in Residential Purchases, Sales and Remortgages.

Residential Property Purchases

When you are buying property it is essential that you actually acquire what you understand is being sold to you and that you will be able to enjoy the property without any unforeseen restrictions, obligations or rights of third parties. You also want to make sure that when you come to sell it is marketable. When you instruct us to act for you this is what we do.

We check the Title to the Property, this is confirm the Seller owns it and there are no restrictions on selling. We also check that the extent of the Property and surrounding ground if any is as you have been told.

We also carry out searches of various records. The following are the standard ones required but it is not an exhaustive list and depending on the property location others may be required. Costs of these are detailed in any quotes given.

Local Authority – Planning , adoption of highways, restrictions on use , rights of 3rd parties. Conservation issues.
Water – Checking service and supply
Enviromental – contamination , flood and energy infrastructure, mains supplies.
Mining – proximity to coal workings
Chancel – any potential liability for historic church repair in parish.

If you are buying using Mortgage funds we are also instructed by the Lender in the transaction to ensure their funds are not at risk and correctly registered as a charge against the property on completion. Each lender has its own specific requirements about the type of lending they authorise.

When we are satisfied that everything is in order we report to you and the Lender (if applicable) account to you for monies due, get all documentation signed, exchange contracts and complete the Purchase.

Throughout the transaction we liaise with you to ensure you are fully aware of the process and any issue that may arise. We also liaise with the lender and the Sellers Solicitor throughout the process.

The final step is to deal with any Stamp Duty payments and register your title at HM Land registry together with any lenders Legal Charge.

Re-Mortgages

With a re-mortgage as the property is already owned by you no transfer of title is required. We act for you and the lender to ensure that the security of the property is not at risk. We review the lenders requirements and check the title, carryout searches, and report to lender to release the mortgage funds once the new legal charge has been signed and witnessed. A redemption of existing charges is usually required prior to us Registering the New Charge at HM Land Registry.

The fee for a re-mortgage is £400 +VAT and disbursements
Office copy entries – £3.60 +VAT
Bankrupcy search – £4.80 +VAT
Official search – £3.60 +VAT

A typical mortgage takes between 6-8 weeks, however, it can be longer if there are any complications.

Property Sales

Property sales tend to be less involved providing that the title being sold is good and there is not negative equity. If a sale and purchase are happening simultaneously then coordinating exchange and completion dates with the other parties can be complex and protracted particularly if there are a large number of properties in the chain.

If the property has one or more mortgages registered against it we obtain redemption figures from the lender/s. This will let us know if the sale monies will discharge the registered loans. If not and you have negative equity you will need to put in place additional funding to pay the difference before the sale completes.

We provide title to the Buyers Solicitor and you will be asked to answer their enquiries from your knowledge of the property. Contracts are then exchanged and completion takes place. Existing mortgages are discharged and we account to you for any proceeds of sale.

Please Note – We do not give any financial advice regarding your mortgage, or investments. You should see your broker or financial advisor about that.

We give no tax advice other than calculating the Stamp duty required and completing the SDLT form if agreed.

We give no Survey or valuation advice.
We do not give general insurance advice.
We do not arrange removals or decorators.

HCL

Posted by MOTO - Admin

Adverse possession

It could be part of a garden, a right of way, or even part of your house or business property. You can apply to the land Registry to acquire the area of land under Adverse Possession but this will depend of a number of factors, such as how long you had been in occupation and if not long can you prove previous ownership and occupation, what use you have had of the land, is it exclusively yours and fenced, who else has an interest in the land.

Our expert lawyers can advise you on Adverse Possession claims and timescales involved. Most applications take time but unless you own the land or can prove your right to use it you may not be able to sell or mortgage it. You might even have a third party asserting their rights over the land prohibiting you.

We offer a free no obligation consultation to advise you of your options if you find yourself in this situation.

We also act defending such applications if you are served notice that someone is trying to acquire land or terminate a right you consider is yours.

HCL

Posted by MOTO - Admin

Rectification of title problems

  • Errors in boundary plans registered at HMLR and unregistered land
  • Rights of way and restrictive covenant issues
  • Deeds of covenant and enforceability
  • Missing registered proprietors
  • Insolvent landlords/ management companies
  • Missing deeds and Leases
  • Adverse possession / squatters rights
  • Indemnity Insurance

Such problems can stop a sale completely if not dealt with correctly. Hindle Campbell can give you expert advice at the outset with a realistic time scale and cost estimate .

HCL

Posted by MOTO - Admin

Right to manage

This is a complex area of law that requires group co operation and strict adherence to time limits. Hindle Campbell Law has considerable experience in acting for both Landlords and Tenants in setting up the Right to Mange correctly.