I have just been advised by my mortgage adviser that my Burford lawyer is not on the mortgage company Solicitor panel. What can I do to be certain whether this is indeed the case?
The first thing you need to do is to call your Burford conveyancer. You lawyer should advise you what has happened. If they are not on the panel they may be able to suggest a Burford conveyancing firm that is on the approved list of lawyers for your bank.
I purchased a freehold residence in Burford but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Burford and has limited impact for conveyancing in Burford but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
Should my conveyancer be raising questions about flooding during the conveyancing in Burford.
Flooding is a growing risk for lawyers dealing with homes in Burford. Plenty of people will purchase a house in Burford, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, but there are a number of checks that may be carried out by the buyer or by their conveyancers which can give them a better appreciation of the risks in Burford. The conventional set of information given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the vendor to find out whether the premises has historically flooded. In the event that the property has been flooded in past which is not disclosed by the vendor, then a purchaser may commence a compensation claim as a result of such an inaccurate answer. A purchaser’s conveyancers will also order an enviro search. This will indicate whether there is any known flood risk. If so, more detailed inquiries will need to be made.
I used Arc property Solicitors several years ago for my conveyancing in Burford. Now, I need my documents but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Burford of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build apartment in Burford. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Burford
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There must be mutual enforceability of lessee’s covenants. 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. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please confirm the Lease plans are architect prepared.
We are a couple of weeks into a freehold purchase having been recommend to a firm by the estate agent to execute conveyancing in Burford. We are not happy. Could you you assist me in finding new conveyancers?
They would have to be really bad in order to consider changing them. Has the mortgage been sent? If so you will need to inform them of the replacement solicitor and ensure the loan are re-issued. The conveyancer should be on the mortgage company panel to avoid escalating fees and delays. That should be your first question of the new conveyancers. Our find a solicitor tool can assist you in finding a lender approved lawyer for your conveyancing in Burford