At Home Legal Direct, we believe in being transparent with our customers. While we provide accurate quotations, these can only be based on the information provided to us at the time of instruction. If the information changes or something unexpected comes up, conveyancers may apply additional charges depending on each customer’s specific requirements.
We have compiled a list of the more common instances to ensure our customers are informed.
|Title Checking Additional Charges
|This is an additional entry on the title deeds of the property which requires further investigation by your conveyancer.
|This is where there has been some issue with the title in the past, i.e. there may be limited knowledge of the property and “title absolute” cannot be put forward with the contract.
|Good Leasehold Title / Amending Title
|This is where there has been some issue with the title in the past, i.e. there may be limited knowledge of the property and “leasehold absolute” cannot be put forward with the contract.
|Listed / Other
|This is where the property is listed, meaning there are restrictions on what you can do to and at the property. Enquiries will need to be raised to ensure all is in order and that all required permissions have been requested and obtained.
|BRegs/ PP/ NHBC/ Indemnity Policy
|This is where there are associated documents regarding planning or guarantees which need to be looked over and checked to ensure you and the lender are fully protected.
|Power of Attorney
|Checking the POA is valid and the attorneys are the clients with capacity to act. It also involves checking the terms of the POA and if necessary, checking with the Office of the Public Guardian and that the same is in order for land registry purposes.
|Flying Freehold / Amending Title
|This is where a freehold property has part of it that goes over another piece of land not owned by the seller. This occurs often where there is a form of terrace property with a passageway.
|This involves the checking of restrictions on the retirement provisions. For example, often a retirement lease will require we have clients approved, completing an age application or a statement to confirm client fit to look after themselves. This can vary from each lease or retirement restriction.
|Possessory Title / Amending title
|This is where there has been some issue with the title in the past and “full title guarantee” cannot be put forward by the seller at the time of sale.
|Neighbouring Lease / Additional Lease
|This is to check any leases that could affect your ownership of the property, including neighbours (rights that might be granted that could affect you) and any leases granted off the freehold.
|Vice Versa Lease / Leasehold fee
|Having to check an additional title, often two, which involves checking a freehold title and then the linked leasehold for the other flat in the building. Checking both leases are on similar terms and sufficient for lender purposes and also client protection in relation to rights, service charge, works, insurance etc.
|Freehold and Leasehold / Additional title
|This is where there is more than one title associated with the selling contract that requires looking into.
|Overage / Other
|This is where a piece of land, sometimes only part of what is being purchased, has an overage agreement on it. The agreement is to cover the seller financially if the land subject to this agreement is ever granted planning permission or built on.
|Solar Panel Leases
|When a property has solar panels, the agreement associated with these will need to be checked to confirm how the income and maintenance is dealt with.
|Flats are usually associated with being leasehold, however there are some circumstances where they are freehold. There can be many items to investigate in this more complex transaction.
|This is where you are part exchanging your property with the other party. This is normally associated with a development and comes with additional time pressures and reporting requirements.
|Unilateral Notice (Restriction fee)
|This is an entry within the title deeds to register an interest in the property. This must be dealt with prior to proceeding and can involve considerable work unless you are the beneficiary of the notice.
|These are agreements, normally associated with new builds that must be in place and checked for road adoption, services and common grounds.
|Completion on Notice
|This is where completion has not taken place within the required timescale on the intended day. Therefore, notices will be issued for the additional work required to replan for completion.
|Right to Buy / First Registration / Transfer of Part
|These are not standard transactions so there is additional work required to report fully to you and any lender associated with the transaction.
|This is a document used to make a statement on oath to record any right the owner has enjoyed during their ownership. For example, a right of way enjoyed over a large period of time, but for which the seller does not have any direct right to enjoy.
|Deed of Variation
|This is a document needed to amend the title deeds for the property to protect your future interests.
|These are policies needed to cover potential future issues with the property, both for the buyer and any lender associated with the transaction.
|Grant of a New Lease
|This is the granting of a brand new lease off a freehold title, granting all the rights and restrictions needed together with setting out the costs associated with it being granted for the beneficiary.
|This is needed when the existing lease is coming to an end or where the years remaining mean that an extension is recommended to secure the value of the property.
|Declaration of Solvency / Bankruptcy Issues
|During the transaction, a bankruptcy search is carried out. There are instances where an entry the same as your name can be returned. Where this happens, you will have to do a declaration of solvency to state this is not you.
|Dealing with Green Deal Loan Issues
|The Green Deal was a government scheme that provided loans to finance energy-efficient home improvements. The loan was designed to be paid back through the savings made on energy bills.
|Unregistered Title Fee
|A very small percentage of the country is still classed as unregistered. This is where the title deeds have not yet been added to the land registry for electronic registration. There is a large amount of additional work to prepare contract documents and/or a land registry application where required.
|Deed of Trust Requirement
|This a document between the owners to define how the property is held and how the monetary element has dealt this. It also defines what happened to this monetary element in the event of sale.
|Leasehold Title Issues
|Deed of Covenant
|This is a document that may be needed to confirm that certain obligations will be adhered too. For example, to pay an agreed amount over a specified period.
|Dealing with Notices of Assignment
|This is the document needed to assign the name of the owners and any mortgage with the freeholder/management company associated with the transaction.
|Dealing with Apportionments
|Apportionments are the financial calculations needed to ensure a seller has only paid service charges and ground rent up to the day of completion. The buyer takes over the costs of these on this date, refunding any money to the seller if required.
|Purchase / Sale of Freehold Reversion
|A freehold reversion is where the property reverts back to the freeholder upon expiry of the lease term.
|Dealing with a Freehold Management Company
|This is the work associated with dealing with the management company related to the transaction to obtain all the additional information required to progress.
|Dealing with Stock Transfer Forms / Share Certificates
|This is where there are shares associated with the management company related to the transaction and these shares need to be transferred to the new buyer upon completion.
|Dealing with License to Assign
|This is when a new lease is granted from the person that owns the freehold. A License to Assign has to be issued to allow the granting of the new lease.
|Cross Over Leases – Tyneside Transactions
|A Tyneside Lease, otherwise known as the ‘criss-cross scheme’ or ‘crossover lease’ is a scheme designed for developments where there are two maisonettes in the building. The key feature for a Tyneside Lease is that each owner of the respective maisonettes become the freeholder of the other.
|Obtaining copy documents from Third Parties
|This is where you must go outside the normal process to obtain documents from directly associated people to the transaction. This could include the obtaining of neighbouring properties to check any rights or obligations that could affect your property.
|Dealing with Retentions / Providing Undertakings
|This is where a set amount of money is withheld on completion for a number of reasons, such as works not being completed. There will be associated work to ensure the buyers(s) are protected.
|Sale and Purchase
|Where a property has been repossessed there is a large amount of additional work needed as the buyer(s) will be purchasing from someone who has very little knowledge of the property. Therefore, is it likely additional title investigation will be required.
|Mortgage Lender Issues & Fees
|Buildings Insurance Verification Fee
|If required, we may need to ensure the buyers have the required building insurance in place. This is normally done to due to a lender requirement but can also be seen as best practice with the conveyancing firm.
|Occupier Consent Requirements
|This form must be completed by any person(s) over the age of 18 that will be residing at the property but will not be an owner. This is so they cannot claim any rights in the event of the property being repossessed.
|Stamp Duty Land Tax Fees and Charges
|Completion of SDLT Tax Return Form
|The Stamp Duty Land Tax Form must be returned in order to complete and allow the payment of the required tax to be paid.
|Electronic submission to HMRC
|This is the completion of the AP1 or FR1 registration forms to allow the land registry to process the changeover of ownership for the property.