My husband and I are hoping to acquire a flat in Aston Clinton and are in fact using a Aston Clinton conveyancing practice. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Santander have this morning contacted us to inform me that they have now hit a problem as our Aston Clinton lawyer is not on their conveyancing panel. Is this a problem?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Aston Clinton lawyers, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
I am considering applying for a HSBC mortgage for purchase of a newly converted (under development) in Aston Clinton with 65 per cent LTV. Is it compulsory to choose a solicitor on the conveyancing panel for HSBC ?
In theory, you could use a solicitor that is not on the HSBC conveyancing panel, but HSBC would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I am due to move property in October. Does my conveyancing solicitor call the removal company on the completion day. As an aside, can you recommend a removal company in Aston Clinton. Conveyancing firm was organised before I stumbled across your website.
On the afternoon of completion you can collect the keys from the estate agent however this should only be done when the sellers conveyancers confirm to the agent that they acknowledge receipt of the completion payment and the keys can be collected. After that you will need to advise the removal company that you are ready to move in. We are not in a position to recommend a specific removal organisation but can assist you in choosing a conveyancing in Aston Clinton or a legal practice that specialises in conveyancing in Aston Clinton.
I am the sole beneficiary of my late grandmother’s estate with all property in now in my sole name, including the my former home in Aston Clinton. Conveyancing formalities meant that the Land Registry date was in June. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', which means that my property ownership could be considered the same way as if I'd bought the house in June. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be impacted by that. many mortgage companies would take a practical view as this obligation is principally there to identify the purchase and immediately sell or the quick reselling of property.
I am due to exchange contracts on my flat. I had a double glazing fitted in March 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Co-operative are being pedantic. The Aston Clinton solicitor who is on the Co-operative conveyancing panel is happy to accept ‘lack of building regulation’ insurance 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.
Are there restrictive covenants that are commonly identified during conveyancing in Aston Clinton?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Aston Clinton. 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…’
Just had an offer accepted on a new build apartment in Aston Clinton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Aston Clinton
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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. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what should have been a quick, chain free conveyancing. Aston Clinton is the location of the property. Can you offer any guidance?
Flying freeholds in Aston Clinton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside 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 premises.