My partner and I are intent on acquiring a flat in Brough. My Conveyancer is not on the mortgage company solicitor list. Can I still continue with my Brough conveyancing solicitor notwithstanding that they are excluded from the mortgage company panel of approved conveyancing solicitors?
You have numerous choices available to you here
- Carry on with your chosen Brough property lawyer but your lender will undoubtedly retain a solicitor on their conveyancing panel. The net result is additional charges together with likely delay.
- Get a new solicitor to act in the purchase, obviously checking they are on the mortgage company conveyancing panel.
- Appeal to your conveyancer to apply to join the bank panel
I have paid off my mortgage with Santander. I assume I don't need a Brough lawyer on the Santander panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander 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 Santander mortgage from the register. Santander, 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 Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Brough off the council. I have a mortgage offer with Yorkshire BS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
After months of negotiation I have agreed a price on an apartment in Brough. My financial adviser suggested a property lawyer. I paid an advanced payment of £200. Shortly after, the property lawyer contacted me sheepishly admitting that they were not on the Principality conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Principality panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
What does a local search reveal regarding the house my wife and I buying in Brough?
Brough conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search company for example Onsearch The local search plays an important role in most Brough conveyancing purchase; as long as you don’t want any nasty once you have moved into your new home. The search will supply data 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 headings.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Brough?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Brough. 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…’
The estate agent has sent us the confirmation of our purchase of a new build flat in Brough. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Brough
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? There must be mutual enforceability of lessee’s covenants. Please confirm the Lease plans are surveyor prepared.
Due to the guidance of my in-laws I had a survey completed on a property in Brough prior to appointing lawyers. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some mortgage companies will not grant a mortgage on such a property.
It depends who your proposed lender is. Lloyds has different instructions from Birmingham Midshires. Should you wish to telephone us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Brough. Conveyancing may be slightly more expensive based on your lender's requirements.