Our solicitor has uncovered a a problem with the lease for the property we are buying in Alcester. The other side have put forward title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer has advised that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
We note that you have a search directory listing firms on the Lloyds conveyancing panel. Do firms pay you a commission if I appoint them for our conveyancing in Alcester?
We are a listing service only for law firms wishing to communicate if they are on the Lloyds conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Alcester.
We are downsizing from our property in Alcester and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any high street Alcester lawyer would know this is not the case. It does beg the question why the purchasers used a nationwide conveyancing firm rather than a conveyancing solicitor in Alcester. We have lived in Alcester for 5 years we know of no issue. Do we get in touch with our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing solicitor currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
Due to the encouragement of my in-laws I had a survey completed on a property in Alcester before retaining solicitors. I have been informed that there is a flying freehold overhang to the house. My surveyor has said that some banks tend not give a mortgage on this type of house.
It varies from the lender to lender. Santander has different instructions for example to Nationwide. Should you wish to telephone us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Alcester. Conveyancing will be smoother if you use a solicitor in Alcester especially if they are acquainted with such properties in Alcester.
I am downsizing from my home. My previous lawyers has retired. It would be helpful to have a recommendation of a conveyancing firm. I happen to live in Alcester if that makes things easier.
You should use our search tool to help you choose a solicitor for your conveyancing in Alcester. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move runs smoothly.
Should one remove a departed person's details from the title register for a property in Alcester?
Where a Alcester property is jointly owned and one of the proprietors dies, the name will not immediately be removed from the title deeds. You are not required to amend the title as when it comes to a sale you would just be asked to supply proof as to the reason the other owner is not included in the conveyance, such as the probate documents.
With the aim of making the sale conveyancing smoother for the sale of the property you can arrange to have the deceased person removed from the title entries by submitting an application to the land registry with proof of the death. There is no land registry fee payable.