Conveyancing In Worthing Q & A's
Do we need to get a chancel search? We are purchasing a house on the same road as parish land in Worthing.
Chancel repair liability can require residential property owners to cover the cost of upkeep of church property in the locality. Following a change in the law, interest over any affected land in Worthing must be registered by October 2013. This will make it easier to identify affected property through a chancel search. Church properties in this area where a chancel search may be appropriate include Holy Trinity, St Margaret, St Botolph and St Matthews.
I plan to purchase a home in the parish of Glynde. Is a chancel search specified?
Your solicitor is likely to recommend that a chancel search is ordered. Chancel repair dues can be collected on new owners of a home where parish councils have not imposed the same liability on the last owners.
Why is it silly to buy a leasehold with less than 99 years to run?
In large part, if a leasehold drops below 90 years, it’s because mortgage companies will not be willing to lend money to purchase the leasehold. They will almost certainly have a stipulation on the length of the leasehold as part of their criteria for lending.
Most buyers are very aware of this and the trend is for an insistence of the sellers to provide an extension back up to the 99-year or 125-year thresholds before considering its purchase. Otherwise, even if you can finance it, eventually you’ll have to consider the legal cost of extending the lease yourself.
What can be done about trees with TPOs if they are cutting out the light into the house?
Tree Preservation Orders (or TPOs) are legal protections for individual trees, which means you are prohibited from pruning, cutting or removing the plant without the formal consent of the local authority. There are certain caveats such as whether it is causing an immediate danger to life, but the local authority will still need to be informed.
As a homeowner, you have a number of rights, including Right to Light: that is, you should expect natural daylight to enter your property through windows without being blocked (again there may be caveats which will be unearthed in the conveyancing). If a tree with a TPO has grown so much that it is blocking out light, you can apply to the local authority for permission to prune the tree sufficiently to return your Right to Light. It becomes more complex if the tree in question is on a neighbour’s property, and you should discuss any resulting costs with them.
Homeward Legal's solicitors have years of experience in dealing with all sorts of legal issues including TPOs, providing you with practical guidance and help. We are best placed to help you with your move, so call our team on 0800 038 6699 today.
What is stamp duty and land transaction tax?
Stamp Duty Land Tax (SDLT) is a proportion of the final sale price of a property payable to HMRC by the buyer. The current trigger threshold is for any property priced at £125,000 or over (unless you’re a first-time buyer, in which case you pay less or no tax for properties priced at less than £500,000). Your solicitor will handle the transfer of the tax as part of the final tasks on your conveyancing.
In Scotland, buyers have to pay Land and Buildings Transaction Tax and, in Wales, the Land Transaction Tax is triggered at properties priced over £180,000.
In all cases, the amount payable is based on a sliding scale as the price goes up as a proportion of that range added together than an overall flat tax amount or percentage. So, the higher the price goes up, the greater the amount of tax you have to pay.
For fast conveyancing to buy a £ 312,000 property, what should we organise to speed up our conveyancing process?
Importantly, buying faster is essential to is to use a proactive solicitor. When choosing a solicitor, consider these points: Which communication methods do they use? Days can be wasted waiting for letters in the post which could be emailed or faxed. How soon will they order searches? Did you experience any delays when requesting a quote?
Would acquiring a house survey be necessary if we are buying any property in Worthing?
It is advised that all purchasers order a survey. A range defects can negatively affect a property. These can include ground movement and corrosion of pipework.