My financial adviser has requested my Burford law firm’s panel member for the Santander conveyancing panel. Can you suggest how I discover this. I have tried my local Burford office but they have not got back to me yet.
The sensible thing to do is ask for this information from your Burford property lawyer . They maintain a central record lender panel numbers.
I am buying a 4 bedroom semi-detached house in Burford. The intention is to carry out an extension to the side at the property.Will the conveyancing process include investigations to see if these works are prohibited?
Your solicitor will review the deeds as conveyancing in Burford will on occasion identify restrictions in the title deeds which restrict categories of alterations or necessitated the consent of another owner. Many additions call for local authority planning consent and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these things with a surveyor ahead of any purchase.
I happen to be the only recipient of my late mum's will and I have everything in my name alone, including the house in Burford. Conveyancing formalities meant that the Land Registry date was in February. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', meaning my proprietorship could be considered the same way as though I had purchased the property in February. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ 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 practical a view lenders take of it, depend on the bank as this provision is primarily there to capture the purchase and immediately sell or the wholesaling and assigning of property.
We had chosen solicitors with offices in Burford on the Nationwide solicitor approved list. They are now charging me an additional fee for dealing with the Nationwide mortgage. Is this a supplemental conveyancing fee set by Nationwide?
Provided it is contained in their Terms of Engagement or estimate then yes your solicitor can charge a fee for this. This charge is not set by Nationwide but by your Burford property lawyer. Some firms on the Nationwide panel will charge an ‘acting for lender’ fee but some firms include it on their overall fee.
Me and my brother have a 4 bedroom Victorian property in Burford. Conveyancing lawyer represented me and Nationwide Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold with the exact same 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Burford 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 mortgage companies. You can also question the situation with the conveyancing solicitor who conducted the conveyancing.
I opted to have a survey completed on a house in Burford ahead of retaining lawyers. I have been told that there is a flying freehold aspect to the property. Our surveyor advised that some banks tend not issue a loan on this type of premises.
It varies from the lender to lender. Lloyds has different instructions from Halifax. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Burford. Conveyancing will be smoother if you use a solicitor in Burford especially if they regularly deal with such properties in Burford.
I wish to rent out my leasehold flat in Burford. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Your lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Burford do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
Burford Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
-
Be sure to investigate if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Burford. If you love the apartmentin Burford however your cat can’t make the move with you then you will be presented with a difficult decision. Who is in charge of the building?
A licensed conveyancer acted on my conveyancing in Burford half a dozen years past having retained my title documents but has since been shut down – how do I get hold of them?
Title deeds, as such, no longer exist as the majority of properties in Burford are registered electronically at Land Registry. Where you need to establish evidence of proprietorship or are selling or refinancing your lawyer can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.