We are acquiring a new build flat in Blackwall and my lawyer is telling me that she is duty bound to the bank to reveal incentives from the seller. I am under pressure to exchange and I have no desire to prolong the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I happen to be the single beneficiary of my late grandmother’s will with all property in now in my sole name, including the house in Blackwall. Conveyancing formalities meant that the Land Registry date was in September. I want to move. I understand that there is a CML six month 'rule', meaning my proprietorship could be regarded the same way as if I'd bought the property in September. Is the property unsalable for six months?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How sensible a view mortgage companies take of it, depend on the bank as this provision principally exists to pick up on subsales or the flipping of properties.
I am expecting a AIP from Bank of Ireland this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Bank of Ireland recommend any Blackwall solicitors on the Bank of Ireland conveyancing panel, or is it better to go independently?
You will need to appoint Blackwall solicitors independently although you'll need to choose one on the Bank of Ireland conveyancing panel. The solicitor represents both you and Bank of Ireland through the process.
I am due to exchange contracts on my house. I had a double glazing fitted in September 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Co-operative are being a right pain. The Blackwall solicitor who is on the Co-operative conveyancing panel is recommending indemnity insurance as a solution but Co-operative are requiring a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Will commercial conveyancing searches disclose proposed roadworks that could impact a commercial site in Blackwall?
Many commercial conveyancing solicitors in Blackwall will perform a SiteSolutions Highways report as it reduces the time that conveyancers expend in looking into accurate data on highways that impact buildings and development assets in Blackwall. The report sets out 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 Blackwall.
For every commercial conveyancing transaction in Blackwall it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Blackwall commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Blackwall.
My wife and I have a 4 bedroom Victorian property in Blackwall. Conveyancing solicitor acted for me and Skipton Building Society. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold with the matching property. I'd like to know for sure, how can I find out??
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Blackwall and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with the conveyancing lawyer who conducted the conveyancing.
Just had an offer accepted on a new build flat in Blackwall. 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 enquiries that you may expect your new-build leasehold conveyancing in Blackwall
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Please supply a car parking plan. 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. 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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Should I be concerned that brokers that I am dealing with are recommending a nationwide conveyancing firm as opposed to a local Blackwall conveyancing practice?
As is the case with many service providers, often recommendations from connections can be extremely useful or valuable. But there are lots of parties with a keen interest in a conveyancing deal; estate agents, financial adviser and lenders may recommend lawyers to select. On occasion the conveyancers might be known to one of the organisations as experts in their field, but sometimes there behind the scenes commercial relationship behind the recommendation. You are free to choose your preferred lawyer. However, bear in mind that the majority of lenders specify a panel list of solicitors you are obliged to use for the lender aspect of your conveyancing.