I sincerely hope you can help me. My Barnard Castle solicitor is advising me that she is duty bound toconduct Barnard Castle conveyancing searches resulting from the fact thatthe firm are on the Virgin Moneyconveyancing panel. Is my conveyancer right?
You have limited options available to you. Given that you are taking out a loan with a mortgage company your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancing practitioner would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Barnard Castle conveyancing searches.
I am the registered owner of a freehold house in Barnard Castle but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Barnard Castle and has limited impact for conveyancing in Barnard Castle but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
We are due to move home in February. Should my conveyancing solicitor liaise with the removal company on the completion day. Incidentally, can you put forward a removal company in Barnard Castle. Conveyancing solicitor was organised before I stumbled across this website.
On the day of completion you can collect the house keys from the selling agent however this should only take place after the sellers solicitors advise the agent that they have the completion monies and the keys can be collected. You will need to inform the removal men that they can start moving you in. We are not in a position to recommend a particular removal organisation but can assist you in locating a residential property solicitor in Barnard Castle or a lawyer that specialises in conveyancing in Barnard Castle.
When it comes to lenders such as Coventry BS, do Barnard Castle solicitors have to pay a fee to be on the list of approved solicitors?
We are not aware of any bank fees to register on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel submission.
I have today made my last payment due on my mortgage with Coventry BS. I assume I don't need a Barnard Castle conveyancing practitioner on the Coventry BS panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Coventry BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Coventry BS mortgage from the register. Coventry BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
I am buying a new build apartment in Barnard Castle. Conveyancing is daunting 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 conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Barnard Castle
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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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are surveyor prepared. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Barnard Castle is where the house is located. Can you offer any advice?
Flying freeholds in Barnard Castle are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Barnard Castle you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Barnard Castle may decide 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.
Our solicitor in Barnard Castle has identified a defect with the lease for the property we are buying in Barnard Castle. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor has advised that as he is on the mortgage company conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the lender approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.