Chancel Search

Where land previously belonging to the Church of England is sold, the Church automatically retains the right to charge the owners of the land with the cost of carrying out repairs to the chancel of the parish church.  This right has existed since the middle ages and only applies to medieval churches.  We carry out a search to establish whether the purchase property is in a risk parish.  If it is, then insurance is available to cover for the next 25 years, or insurance can cover yourselves and any future owners, both at modest premiums.  If insurance is of interest to you, please let us know and we will advise you of the premium.

Can I exchange contracts before I receive my mortgage offer?

If for any reason the mortgage offer is declined or delayed or it contains any conditions that you cannot comply with, the money may not be available when required so it would be extremely dangerous to exchange contracts without it and any competent solicitor would strongly advise you not to do so.

Is there anything I can do to save paying stamp duty?

Yes, possibly.

If the purchase price is just above any stamp duty threshold (£125,000.00, £250,000.00 and £500,000.00) and the sale includes some fixtures and fittings, for example, carpets, curtains, cooker, fridge, and freezer, you may be able to legitimately apportion part of the price towards the fixtures and stamp duty will then be payable on the amount of the price agreed for the property only.

When do I need to arrange buildings insurance?

Unless the building insurance is being arranged by the lender or it is a leasehold property and the insurance is dealt with by the landlord, you must arrange buildings insurance from exchange of contracts as the property will be at your risk from that time.

The amount of cover should be the estimated cost of re-building the property if it burns to the ground and this is not necessarily the same as the current market value. If you had a survey, or you are obtaining a mortgage, your surveyor or the lenders valuer will usually have suggested a minimum amount of cover in their report.

When should you book your removal company?

Start planning your move as soon as your offer is accepted. You should get three quotations as early as possible. Do not leave it until the last minute as you will have far more pressing things to take care of. Take time to shop around. Booking early reduces stress and allows you to book the removal company at a time to suit you. If your time is limited, let the removers pack for you. The best removal companies tend to be booked early so you could end up with your third, fourth or even fifth choice. If you leave it too late, you might not have a choice at all and end up paying for a greatly overpriced company. Remember, however, that the cheapest quotation is not always the best one. Quotations are normally free with no obligation. Beware of cheap firms and do not even consider one that will not visit your house and demands a deposit.

It is highly advisable to avoid Fridays. On a Friday the United Kingdom banking system is exceptionally busy. Any other day of the week everything should happen much quicker and follows therefore with much less stress. There are also often special midweek removal discounts. Try to put a provisional booking down for your most likely moving day. Do not, however, put down a deposit because these dates do change. Please be aware that your legal adviser will find it extremely difficult to indicate the exact date of completion until a few weeks before the due date.

What we suggest is that you make up a removal day survival kit to include personal items, food for the first night, tool box, medication, etc.

What do we need to know if we are buying in joint names?

Most couples who are married or in a stable relationship purchase as "joint tenants" which means that upon the death of one or other of them that person’s half share will automatically pass to the other.

There are occasions, however, where it would be beneficial for a married couple to hold the property as Tenants in Common and your solicitor will be able to advise you further.

The alternative is to hold the property as "tenants in common" which means that each persons half share is treated as being separate so that upon the death of one or other of them his or her share will not automatically go to the other but to whoever it has been left to in the deceased persons will or, if there is no will, to his or her next of kin.

If you are putting unequal amounts into the property the person who is paying the larger amount can and often should be protected by a "trust deed" which sets out your respective shares. Then in the event of any dispute or upon the death of one or other of you in the future, your original intentions will be clearly recorded. Once you have considered the above options and/or if you require further advice you should tell your solicitor so that he or she can make sure that your wishes are carried out.

What happens with the keys?

These are usually left with the estate agents (if any) and the buyer collects them once the money has been received by the Seller’s Solicitor on the day of completion. If there are no estate agents then the seller will hand them direct to the buyer. Either way it is important that arrangements are made in advance to prevent the possibility of the buyer having to wait outside with the removal van!

Although your solicitor will always try to ensure that everything is finalised as early as possible on the day of completion - and usually this is dealt with by mid-day - there can sometimes be a delay if, for example, your solicitor is still waiting for the mortgage monies to arrive or there is a particularly long chain. If this happens, please don't panic or become upset because your solicitor will invariably resolve the problem by early afternoon - if not sooner!

When will I get my money?

If you are just selling, or there is a surplus due back to you after the completion of your sale and purchase, your solicitor will always try to send this to you on the day of completion or, at the very latest, on the next working day.

Payment is usually made by cheque but for larger amounts your solicitor can transfer the money direct to your bank. You should request this in advance and provide your solicitor with your account details for which there will be an additional fee payable.