My wife and I are buying a 1 bedroom flat in Chiseldon with a mortgage. We like our Chiseldon solicitor, but the bank advise he's not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Chiseldon conveyancer and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Chiseldon conveyancing lawyer to apply to be on the conveyancing panel.
I am hoping to complete my purchase in Chiseldon next Tuesday. My conveyancer now wants me to supply her with evidence of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the lender. What risks does the lender expect the insurance to cover?
Any lawyer on acting for lenders would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s Part 2 conditions. These obligations are not unique to conveyancing in Chiseldon.
A relative advised me that in purchasing a property in Chiseldon there may be a number of restrictions prohibiting external changes to a property. Is this right?
There are a number of properties in Chiseldon which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Chiseldon should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are purchasing a end of terrace house in Chiseldon. We would like to carry out an extension to the side at the property.Will the conveyancing process include checks to ascertain if these alterations are permitted?
Your solicitor should check the registered title as conveyancing in Chiseldon can on occasion identify restrictions in the title documents which restrict categories of works or require the consent of another owner. Some additions need local authority planning consent and approval under the building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these issues with a surveyor ahead of any purchase.
My wife and I have organised the release of further monies on our mortgage from Santander as we want to carry out renovations to our home in Chiseldon. Are we obliged to appoint a nearby Chiseldon solicitor on the Santander conveyancing panel to handle the legals?
Santander don't usually instruct firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Santander panel.
My colleague suggested that where I am buying in Chiseldon I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes quoted for as part of the standard Chiseldon conveyancing searches. It is a large report of about 40 pages, listing and setting out significant information about Chiseldon around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Chiseldon Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Chiseldon Education with plans and statistics, Local Amenities and other useful information regarding Chiseldon.
Are there restrictive covenants that are commonly identified during conveyancing in Chiseldon?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Chiseldon. 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…’
About to purchase a new build flat in Chiseldon. Conveyancing is a frightening process 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 conveyancing.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Chiseldon
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Please confirm the Lease plans are architect prepared. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. 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.