Am I correct in assuming that the fact that my solicitor in Aston Clinton is not on my lender's solicitor panel that there is a problem with the standard of the firm’s work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Aston Clinton conveyancing practice and enquire why they are no longer on the approved list for your lender.
A friend informed me that in purchasing a property in Aston Clinton there could be a number of restrictions prohibiting external changes to a property. Is this right?
There are anumerous of properties in Aston Clinton which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Aston Clinton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Aston Clinton building society branch on various occasions and was told it does not impact the mortgage offer and they will lend. My Aston Clinton conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they refuse to lend based on their published requirements. Who do I believe?
The property lawyer must comply with the CML Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am selling my house. I had a double glazing fitted in December 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Co-operative are being problematic. The Aston Clinton solicitor who is on the Co-operative conveyancing panel is recommending indemnity insurance as a solution but Co-operative are requiring a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Should our solicitor be raising questions concerning flooding during the conveyancing in Aston Clinton.
Flooding is a growing risk for lawyers carrying out conveyancing in Aston Clinton. There are those who buy a property in Aston Clinton, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, but there are a number of checks that can be initiated by the purchaser or by their lawyers which can give them a better appreciation of the risks in Aston Clinton. The conventional set of information supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the seller to find out whether the property has ever been flooded. In the event that flooding has previously occurred which is not disclosed by the owner, then a buyer could bring a compensation claim as a result of such an incorrect reply. The purchaser’s lawyers may also commission an environmental report. This should indicate whether there is any known flood risk. If so, further investigations will need to be made.
I have a semi-detached Edwardian property in Aston Clinton. Conveyancing practitioner represented me and Clydesdale. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold under the matching address. Is it worth asking Clydesdale to clarify?
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Aston Clinton and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with your conveyancing lawyer who conducted the purchase.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a straight forward, chain free conveyancing. Aston Clinton is the location of the property. What do you suggest?
Flying freeholds in Aston Clinton are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Aston Clinton you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Aston Clinton may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
How does the Landlord & Tenant Act 1954 impact my commercial premises in Aston Clinton and how can you help?
The particular law that you refer to provides a safeguard to business leaseholders, giving them the a statutory right to apply to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and handle your commercial conveyancing in Aston Clinton