It is is a decade since I acquired my home in Andover. Conveyancing solicitors have now been retained on the sale but I am unable to find my title documents. Is this a problem?
You need not be too concerned. First there is a possibility that the deeds will be kept by the lender or they could be archived with the lawyers who acted in your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. The vast majority of conveyancing in Andover relates to registered property but in the rare situation where your property is not registered it is more problematic but is resolvable.
We previously appointed conveyancing lawyers locally in Andover on the Principality solicitor approved list. They are now charging me a separate sum for handling the Principality mortgage. Is this an additional conveyancing fee specified by Principality?
Provided it is contained in their Terms and Conditions or Quote then yes your lawyer is entitled to charge a fee for this. This fee is not set by Principality but by your Andover solicitor. Some firms on the Principality panel will levy an ‘acting for lender’ fee but many firms incorporate it on their overall fee.
We have a mortgage agreed in principle with Principality. Andover conveyancing solicitors have been chosen. What is the average time that one could expect to receive a mortgage offer from Principality?
Some lenders take longer than others. Have Principality completed the valuation? Have you informed Principality as to your lawyers' details and checked that your lawyers are on the Principality conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have decided to exercise my right to buy my property in Andover off the council. I have a mortgage agreed with RBS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Should my lawyer be raising enquiries regarding flooding during the conveyancing in Andover.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Andover. There are those who acquire a property in Andover, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, however there are a various searches that can be undertaken by the buyer or by their solicitors which should give them a better understanding of the risks in Andover. The conventional set of information supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the seller to discover whether the property has suffered from flooding. In the event that the residence has been flooded in past which is not revealed by the seller, then a purchaser could bring a claim for damages as a result of such an incorrect reply. The purchaser’s conveyancers will also carry out an environmental report. This should disclose whether there is a recorded flood risk. If so, more detailed investigations will need to be initiated.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The conveyancers who did the conveyancing in Andover 10 years ago have long since closed. Will I be able to sell the house?
Gone are the days when you need to have the physical official documentation to prove you are the owner of your registered land or premises, given that the Land Registry hold details of all registered land or property electronically.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Andover. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Andover
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Should one remove a departed person's details from the title register for a property in Andover?
If a Andover property is jointly owned and one of the proprietors dies, the name will not immediately be removed from the Land Registry title. It is not necessary to remove their name as when it comes to a sale your conveyancer would just be asked to evidence why the co proprietor is not a party to the contract, normally this is in the form of the probate documents.
With a view to making the sale conveyancing more straight forward for the sale of the property you can apply to have the deceased name erased from the title by applying to HMLR with proof of the death. There is no land registry fee payable.