My previous conveyancer has quoted just over a thousand pound for no move no fee conveyancing in Ashton. I’m hoping to sell a newly refurbished house for £125,000. Is this expensive? Is it above what I should be paying for conveyancing in Ashton?
The estimate does seem marginally overpriced. If you shop around you could trim some of the cost by say £100 plus VAT. That being said, you mightcome to rue choosing an a cheaper lawyer. Remember to ensure the conveyancer can act for your bank. Do use our comparison tool to get a quote a Ashton conveyancing company on the lender’s conveyancing panel which can often include conveyancing solicitors in Ashton.
Our solicitor has identified a defect with the lease for the property we are purchasing in Ashton. The other side have suggested title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer has advised that he must check that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. These conveyancing instructions have to be complied with.
It is a dozen years since I purchased my house in Ashton. Conveyancing solicitors have just been instructed on the sale but I am unable to locate my deeds. Will this cause complications?
You need not be too concerned. First the deeds may be kept by the mortgage company or they could be archived with the lawyers who oversaw the purchase. Secondly in all probability the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Ashton involves registered property but in the unlikely event that your home is not registered it is more tricky but is not insurmountable.
I am the only beneficiary of my late mum's estate and I have everything in my name alone, including the house in Ashton. Conveyancing formalities meant that the Land Registry date was in September. I plan to dispose of the property. I do know about the Mortgage Lenders six month 'rule', which means that my property ownership could be considered the same way as though I had purchased the house in September. Do I have to wait 6 months to sell?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. Most banks would take a practical view as this provision is principally there to capture the purchase and immediately sell or the flipping of property.
Intending to buy a apartment in Ashton. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the UBS conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Ashton lawyer is on the UBS conveyancing panel.
I've read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Ashton solicitor - who is on the HSBC conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Ashton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Are there restrictive covenants that are commonly identified as part of conveyancing in Ashton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Ashton. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I decided to have a survey carried out on a property in Ashton prior to appointing conveyancers. I have been told that there is a flying freehold overhang to the property. My surveyor advised that some mortgage companies will not grant a loan on a flying freehold property.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to call us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Ashton. Conveyancing will be smoother if you use a solicitor in Ashton especially if they are accustomed to such properties in Ashton.