Me and my wife are buying a ground floor flat in Barnet. My lawyer is not listed on the mortgage company approved list. Can I still use my Barnet conveyancing solicitor even though they are excluded from the lender panel of approved conveyancing solicitors?
You have a couple of choices available to you here
- Complete the deal with your existing Barnet lawyer but your lender will no doubt use a property lawyer from their approved panel. This will result in additional cost together with probable frustration.
- Appoint a new property lawyer to conduct the conveyancing, ensuring that they are on the lender conveyancing panel.
- Convince your conveyancer to do everything within their powers to get accepted on the mortgage company panel of solicitors
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Barnet?
There are many registered licenced Conveyancers in Barnet and Solicitor partnerships in Barnet to choose from We would stress that both are supervised by regulatory bodies with both specialising in the legal work in the home buying process. The two can deal with other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
My partner and I have arranged the release of further funds on our mortgage from Co-operative as we want to carry out improvements to our house in Barnet. Do we need to appoint a bricks and mortar Barnet solicitor on the Co-operative conveyancing panel to handle the paperwork?
Co-operative do not ordinarily require firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Co-operative list.
Having digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Barnet solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Barnet postcode. As you are getting a mortgage with Coventry BS, you could contact them to see if they have a list of approved surveyors in Barnet.
Should commercial conveyancing searches disclose planned roadworks that could impact a commercial land in Barnet?
Its becoming the norm that commercial conveyancing solicitors in Barnet will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Barnet. The report provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Barnet.
For every commercial conveyancing transaction in Barnet it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately could result in delays to Barnet commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not ordered for residential conveyancing in Barnet.
Due to the input of my in-laws I had a survey completed on a house in Barnet in advance of retaining lawyers. I have been told that there is a flying freehold element to the property. My surveyor has said that some lenders may refuse to issue a mortgage on this type of property.
It depends who your proposed lender is. HSBC has different instructions for example to Halifax. If you e-mail us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Barnet. Conveyancing may be slightly more expensive based on your lender's requirements.
I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Barnet conveyancing firm to represent me?
Absolutely. We are happy to put you in touch with a Barnet conveyancing firm who can help.
An example of a Lease Extension decision for a Barnet property is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case affected 1 flat. The unexpired residue of the current lease was 76 years.
What are the common problems that you come across in leases for Barnet properties?
There is nothing unique about leasehold conveyancing in Barnet. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are erroneous. The following missing provisions could result in a defective lease:
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A provision for the recovery of money spent for the benefit of another party. Insurance obligations
You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Bank of Scotland, and Britannia all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.
Me and my husband have today had a bid accepted on our 1st home in Barnet, and are about to get solicitors lined up. I have made use of the numerous comparison tools and the fee estimates are from all over the the UK. Is it advisable to have a Barnet solicitor local to our potential new home? I am content to do all the communicating over the web, but I am thinking at some point we will need to attend the conveyancer's office to sign contracts?
On the whole there is no requirement to physically visit the office of your solicitor, they can send any relevant documents to you, which you can sign and send back. Many home movers prefer to instruct a locally based solicitor, but it is not essential for conveyancing in Barnet.