Some advice if I may. My Barnes lawyer is informing me me that she is duty bound toconduct Barnes conveyancing searches asthe firm are on the Lloydssolicitor panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are obtaining a home loan with a lender your conveyancer 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 conditions . Even if you were a cash buyer you would be ill advised not to carry out Barnes conveyancing searches.
It is is a decade since I purchased my property in Barnes. Conveyancing solicitors have just been retained on the sale but I can't track down the deeds. Is this a problem?
You need not be too concerned. First there is a possibility that the deeds will be kept by your lender or they could be in the possession of the lawyers who oversaw your purchase. Secondly in most cases the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Most conveyancing in Barnes involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
is it true that all Barnes solicitor practices on the Coventry BS conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Coventry BS conveyancing panel they would need to be regulated by the SRA. Some mortgage companies do list licenced conveyancers on their panel in which case such practice would be governed by the CLC.
I'm spending time looking at flats in Barnes and I am now considering a potential offer. Should I already have a conveyancer appointed at this point? I will be getting a mortgage with Leeds Building Society.
It would be advisable to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on to the EA. Given that you are obtaining a mortgage with Leeds Building Society, make sure you remember to check that your lawyer is on the Leeds Building Society conveyancing panel.
Completion of my remortgage has taken place for my property in Barnes. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?
All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. In most cases complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
How does conveyancing in Barnes differ for newly converted properties?
Most buyers of new build residence in Barnes approach us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because new home sellers in Barnes tend to buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Barnes or who has acted in the same development.
Back In 2003, I bought a leasehold house in Barnes. Conveyancing and Aldermore mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Barnes who acted for me is not around. Do I pay?
The first thing you should do is contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Barnes conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I have had difficulty in trying to reach an agreement for a lease extension in Barnes. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to determine the sum to be paid.
An example of a Freehold Enfranchisement decision for a Barnes residence is 25 Petley Road in February 2010. The Tribunal determined that the price payable for the freehold of the subject premises should be £18,760. This case was in relation to 2 flats. The unexpired term was 156.6 years and 66.6 years.
My estate agent has suggested using their conveyancer for the conveyancing in Barnes - won’t it be easier to just instruct them?
This is not necessarily the case and you are at liberty to instruct whichever solicitor you prefer for your Barnes home move. A conveyancer recommended by an estate agent may not necessarily be the right lawyer, they may recommend their preferred conveyancing firm who are based far away. In this instance you may not have contact with your conveyancing practitioner and due to the lack of continuity in the transaction, it may be difficult to obtain updates.