Is the fact that my solicitor in Boston is not identified on my lender's solicitor panel that there is a problem with the standard of the firm’s work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Boston conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
is it true that all Boston solicitors on the Coventry BS conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Coventry BS approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. The majority of lenders do list licenced conveyancers on their panel in which case such firms would be regulated by the CLC.
I am purchasing a property in Boston. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Nationwide be concerned?
Given that your lender is Nationwide your lawyer must follow the formal instructions contained in Section 2 of UK Finance Lenders’ Handbook for Nationwide. The CML Handbook contains minimum specifications for solar panel roof-space leases, and property lawyers are required to report to Nationwide where a lease fails to satisfy these specifications. The specifications relate to the installation of panels on properties countrywide and is not isolated to Boston.
I have paid off my mortgage with Barclays. I assume I don't need a Boston lawyer on the Barclays panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
I require quick conveyancing in Boston as I am faced with a deadline to sign on the dotted line within one month. A mortgage is not required. Is it possible to avoid the conveyancing searches to save money and time?
As you are are a cash buyer you are at liberty not to have searches carried out although no law firm would advise that you don't. Drawing on our experience of conveyancing in Boston the following are instances of what can appear and adversely affect future mortgageability: Refused Planning Applications, Overdue Charges, Overdue Grants, Unadopted Roads,...
Are there restrictive covenants that are commonly picked up as part of conveyancing in Boston?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Boston. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Boston differ for newly converted properties?
Most buyers of new build residence in Boston come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the premises is ready to move into. This is because builders in Boston tend to purchase the real estate, 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 conveyancing solicitors 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 accustomed to new build conveyancing in Boston or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a quick, no chain conveyancing. Boston is the location of the property. What do you suggest?
Flying freeholds in Boston are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Boston you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Boston 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 residence.