My wife and I are only a couple days away from an exchange on a house in Bramhall and my mum and dad have sent the ten percent deposit to my solicitor. I am now told that as the deposit has not come from me my property lawyer needs to make a notification to my mortgage company. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I advised the lender about my parents' contribution when I applied for the mortgage, so is it really necessary for him to raise this?
Your conveyancer is obliged to clarify with the bank to ensure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only disclose this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
We are purchasing a terrace house in Bramhall. The intention is to carry out an extension to the side at the house.Will the conveyancing process include investigations to ascertain if these alterations are allowed?
Your conveyancer should check the deeds as conveyancing in Bramhall can on occasion reveal restrictions in the title documents which restrict certain changes or necessitated the permission of another owner. Many extensions need local authority planning consent and approval in compliance with building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
We had appointed solicitors located in Bramhall on the Nationwide solicitor approved list. They are now charging me an additional fee for handling the Nationwide mortgage. Is this an additional conveyancing fee set by Nationwide?
Provided it is contained in their Terms and Conditions or estimate then yes your solicitor may charge a fee for this. This fee is not dictated by Nationwide but by your Bramhall conveyancing practitioner. Plenty of firms on the Nationwide panel will charge ’dealing with mortgage’ fee and others do not.
My husband and I have arranged the release of further funds on our mortgage from UBS as we wish to carry out renovations to our house in Bramhall. Do we need to appoint a high street Bramhall solicitor on the UBS conveyancing panel to handle the paperwork?
UBS would not normally appoint firms on their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the UBS conveyancing panel.
Should my conveyancer be making enquiries about flooding during the conveyancing in Bramhall.
Flooding is a growing risk for conveyancers dealing with homes in Bramhall. Plenty of people will purchase a property in Bramhall, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to give advice on flood risk, however there are a various searches that may be carried out by the purchaser or by their solicitors which should give them a better understanding of the risks in Bramhall. The conventional set of information supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the seller to determine if the premises has historically flooded. If the premises has been flooded in past and is not notified by the seller, then a buyer could issue a legal claim for losses resulting from an misleading response. A purchaser’s lawyers will also order an enviro report. This should higlight whether there is a recorded flood risk. If so, additional inquiries should be conducted.
Are there restrictive covenants that are commonly identified during conveyancing in Bramhall?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Bramhall. 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…’
Yesterday I discovered that there is a flying freehold issue on a house I have offered on last month in what should have been a straight forward, chain free conveyancing. Bramhall is where the house is located. What do you suggest?
Flying freeholds in Bramhall are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bramhall you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bramhall may ascertain 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.
My wife and I have agreed a price on a Bramhall bungalow we inherited six years ago in 2012. I have over twenty years conveyancing knowledge and, although retired, see no reason not to conduct my own conveyancing. The purchaser's conveyancer has informed me that their bank will not allow you to do your own conveyancing requiring the funds to be transferred to a solicitor's bank account.
Lending instructions to lawyers from all CML members state that If the seller is not legally represented the borrower's lawyers should check whether the bank needs to be told so that a decision can be reached if they are prepared to proceed.