My solicitor has discovered a a legal deficiency with the lease for the property we are purchasing in Booker. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank 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 property lawyer will have no choice but to discontinue acting for you.
I am purchasing a flat and need a conveyancing solicitor in Booker who is on the Alliance & Leicester conveyancing. Could you point me in the right direction as regards a conveyancing firm?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Alliance & Leicester in certain locations such as Booker. We dont recommend any particular firm.
What will a local search reveal concerning the property I am buying in Booker?
Booker conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search company such as PSG The local search plays a central role in many a Booker conveyancing purchase; as long as you don’t want any nasty once you have moved into your new home. The search should provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.
I have a renovated Edwardian house in Booker. Conveyancing solicitor acted for me and Halifax. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold under the exact same property. Is it worth asking Halifax to clarify?
You should assess the Freehold register you have again and check the Charges Register as there may be 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 Booker 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 lenders. You can also question the position with the conveyancing practitioner who conducted the conveyancing.
I opted to have a survey carried out on a property in Booker before instructing solicitors. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some lenders tend not give a mortgage on such a property.
It varies from the lender to lender. Bank of Scotland has different requirements from Birmingham Midshires. If you e-mail us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Booker. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Booker to see if the conveyancing costs will increase in light of this.
I have been sourcing a conveyancing lawyer in Booker for my home move. Can I see a solicitor's record with the legal regulator?
Members of the public may read published Solicitor Regulator Association (SRA) determinations arising from investigations from 2008 onwards. Visit Check a solicitor's record. To find records about the period before 1 January 2008, or to check a solicitors history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The SRA may monitor telephone calls for training reasons.