We are buying a 3 bedroom apartment in Baildon with a mortgage. We like our Baildon lawyer, but the bank says she’s not on their "panel". We have to appoint one of the lender panel firms or continue with our Baildon conveyancer and pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Baildon conveyancing lawyer to apply to be on the conveyancing panel.
It is 10 years ago since I bought my property in Baildon. Conveyancing solicitors have just been instructed on the sale but I can't locate the title deeds. Will this jeopardise the sale?
Don’t worry too much. First there is a possibility that the deeds will be kept by the mortgage company or they may be in the possession of the lawyers who acted in the purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Baildon relates to registered property but in the unlikely event that your home is not registered it adds to the complexity but is not insurmountable.
My friend suggested that if I am purchasing in Baildon I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally included in the estimate for your Baildon conveyancing searches. It is not a small document of about 40 pages, listing and setting out important information about Baildon around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Baildon Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Baildon Education with plans and statistics, Local Amenities and other useful data about Baildon.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Baildon. 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 conveyancing.
Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Baildon
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The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
I decided to have a survey completed on a house in Baildon before retaining lawyers. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some lenders will not grant a mortgage on a flying freehold house.
It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you call us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Baildon. Conveyancing will be smoother if you use a solicitor in Baildon especially if they are accustomed to such properties in Baildon.
As co-executor for the will of my father I am disposing of a property in Swansea but live in Baildon. My solicitor (approximately 200 kilometers awayhas requested that I execute a stat dec ahead of the transaction finalising. Could you suggest a conveyancing practitioner in Baildon to attest this legal document for me?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are Baildon based