It is is a decade since I acquired my home in Berkshire. Conveyancing lawyers have recently been retained on the sale but I can't track down the title deeds. Is this a major issue?
You need not be too concerned. First the deeds may be retained by your lender or they could stored with the solicitor who acted in the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Most conveyancing in Berkshire relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
My wife and I have recently appointed a conveyancing solicitor in Berkshire. I I would like to check whether they are on the Clydesdale approved list of lawyers. Can you advise?
The first thing you should do is call the lawyer and ask them if they are on the lender panel. Alternatively you should get in touch with Clydesdale who may be able to help.
My wife and I are purchasing a property in Berkshire. It might be a silly question but how we can trust a lawyer? On the day of competition we have to send our life savings into their account. What protection do we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
A relative pointed out to me me that in purchasing a property in Berkshire there could be a number of restrictions affecting the ability to carry out external changes to the property. Is this right?
There are a number of properties in Berkshire which have some sort of restriction or requirement of consent to carry out external variations. Part of the conveyancing in Berkshire should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
When it comes to mortgage companies such as Yorkshire BS, do Berkshire property lawyers have to pay an annual charge to be on the conveyancing panel?
We are not aware of any lender fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel application.
My partner and I are planning on selling our house in Berkshire and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any local lawyer would know this is not the case. It does beg the question why the purchasers are using an internet conveyancing practice rather than a conveyancing solicitor in Berkshire. We have lived in Berkshire for 5 years we know that this is a non issue. Do we contact our local Authority to get confirmation that there is no issue.
It would appear that you have a conveyancing lawyer already. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Berkshire is the location of the property. What do you suggest?
Flying freeholds in Berkshire are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Berkshire you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Berkshire may determine 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.
We are about to buying a property in Berkshire. Conveyancing is not yet done but we would like keep the amount we are are buying for confidential from the likes of Nestoria. How can this be done?
The Land Registry are legally required to note price sold data on the official title for domestic properties nationwide including premises in Berkshire. The register of ownership is a public document, so the Land Registry would be breaking the law excluded specific homes such as the property in Berkshire.
In essence you can ask HMLR to withhold the price paid data however the response would be a No.