How can I buy the freehold of the building in which I’m purchasing a flat?
When you buy a leasehold flat (usually for a lease lasting a long time), it means that you don’t own the building or the land on which it is built. If you want to buy the freehold of the building (either yourself or with other flat-owners), you’ll need to meet a few legal criteria before that can happen (such as the number of flats, the purpose to which the majority of the building is put to, and the number of flat-owners willing to by the freehold).
One additional point to note is that the shorter the lease on any flat, the greater the price of the freehold is likely to be.
You should talk to other residents about your plan as well as finding out how much the freehold will be and getting a professional valuation. Once you are in a position to move ahead, you’ll need to appoint a solicitor to manage the legal aspect of the planned purchase.
Homeward Legal's solicitors are well-versed in dealing with all types of freehold and leasehold purchases. So call us now on 0800 038 6699 and we'll guide you through the process and assign you to one of the best solicitors.
Property lawyers in Stratford Upon Avon get formal searches when instructed by a buyer, which particular searches?
If buying and taking out a mortgage the lender requires you to the following Local Authority (council), Drainage and Water Search (CON29DW or personal) and Environmental,, and possibly less common searches, which may include a Coal and Brine.
If I plan to buy near Stratford Upon Avon, in the parish of Birmingham St Paul, do we need a chancel search?
The solicitor could advise a chancel search. In older areas of Stratford Upon Avon, chancel repair can be imposed on current owners of a house where parish councils have not imposed the same liability on the last owners. Even if liability is unlikely, indemnity insurance is a sensible precaution.
Can I change the purpose of use for a purchase as part of the conveyancing procedure?
Putting in a planning request to change the use of part or all of a property is a straightforward process and you can deal directly with the local authority, which authorises plans and requests. However, tying it in with a planned purchase of a property has its own problems, since you don’t yet formally own the property, and the length of time to get through the planning process (with no guarantee of success) will need to be factored into the purchase duration, which the seller may not agree to.
We would advise you to either buy the property and then put in the planning request after completion (or exchange at the very earliest), or buy a property that’s already fit for your purposes. Or you might be lucky to find a property that already has the relevant planning consents in place.
Do you have good solicitors that carry out property auction conveyancing in Stratford Upon Avon?
Yes - Our residential property lawyers do frequently take instructions from buyers at auction. Our panel of lawyers have in the past worked for countless buyers at regional auctions that include Acuitus, Allsop (Commercial), Allsop (Residential), Auction House London, Award Property, Barnett Ross, Baxtons, Brendons Auctioneers, Countrywide Property Auctions and Drivers Norris.
Sensible auction buyers will formally instruct a SRA regulated solicitors practice as early as possible to allow sufficient time for a detailed investigation of the property's legal title in advance of the day of the auction.
Post day of the auction a conveyancing solicitor has to be able to concentrate on rapidly finalise the transaction inside 28 days after exchange as required by the standard auction conditions.
Will HS2 affect homes in Stratford Upon Avon?
Yes. HS2 will impact a number of homes in Stratford Upon Avon. Phase 1 of HS2 will affect 23 local councils running through Stratford Upon Avon, from London to Birmingham.
The home I’m buying has been empty for two years; what questions should I be asking the solicitor, the estate agent, and the surveyor?
If a home has been empty for a considerable period (such as the two years mentioned here), there’s usually a reason for it. There is estimated to be around a quarter of a million properties in the country that have been empty for more than 6 months.
The primary reason is that the owner hasn’t the funds to renovate the property, or they’ve started gutting the place and run out of money to take it further, or perhaps there’s been a significant problem (e.g. fire or flood are common instances). Most likely, these properties will come up at auction.
Your estate agent will be aware of its history if the property is on their books, so you can find out a lot from them, the council will have an empty property officer, and the Land Registry will have information on the deeds. As far as the solicitor is concerned, they will establish the position on the property as part of the conveyancing, while the surveyor will have experience of checking out such properties, with the advice that you order a Building Survey (the most detailed of the options) to check out its structural integrity. Note that mortgage lenders will be more reluctant to offer a loan on such homes.
Ultimately, the ball is in your court and, if you want to pursue buying such a property, you need to be prepared to do the research, which can take up a lot of time.
The moving process can be bewildering and stressful. Let Homeward Legal look after the legal side of things for you and we'll guide you through the process from start to end. Call 0800 038 6699 to find out more.
Unexpected personal circumstances mean we want to get underway and exchange contracts on the conveyancing process on a freehold flat very quickly, do Homeward Legal have any property auction specialist especially fast Stratford Upon Avon solicitors ?
All too often solicitors are very slow which adds huge amounts of pressure to the home moving process.
Homeward Legals lawyers try to communicate end to end throughout the chain property chain (sequence of buyers and sellers) and have invested in the very latest fast response and IT systems to complete on the legal process asap.