It is is a decade since I bought my property in Clapham. Conveyancing lawyers have now been instructed on the sale but I can't locate my deeds. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a possibility that the deeds will be with the mortgage company or they could still be with the lawyers who handled the purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors acquiring current official copies of the land registers. Most conveyancing in Clapham relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is resolvable.
If you had a top tip for choosing a conveyancing solicitor in Clapham what would it be?
Do not opt for the lowest Clapham conveyancing quote. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.
I currently have a mortgage with Leeds Building Society for my property in Clapham. Conveyancing was finalised months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Leeds Building Society?
Leeds Building Society must be informed of your intention prior to renting your property as this is likely to be a breach of Leeds Building Society’s mortgage conditions. It may be that Leeds Building Society will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Leeds Building Society directly. It should not be necessary to do this via a Leeds Building Society conveyancing panel solicitor.
I've digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Clapham solicitor - who is on the Bank of Ireland conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Bank of Ireland will need an independent valuation of the property. Your lawyer will not arrange this. Usually Bank of Ireland will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Clapham postcode. As you are getting a mortgage with Bank of Ireland, you could contact them to see if they have a list of approved surveyors in Clapham.
Will my solicitor be making enquiries concerning flooding as part of the conveyancing in Clapham.
Flooding is a growing risk for conveyancers specialising in conveyancing in Clapham. Some people will purchase a property in Clapham, fully expectant 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, satisfactory insurance cover, or sell the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a various checks that can be undertaken by the buyer or by their solicitors which should figure out the risks in Clapham. The standard property information forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to find out if the property has suffered from flooding. In the event that the premises has been flooded in past which is not notified by the vendor, then a purchaser may commence a compensation claim stemming from an inaccurate reply. The buyer’s solicitors should also carry out an enviro report. This will reveal whether there is any known flood risk. If so, further investigations should be initiated.
My wife and I have a renovated Victorian property in Clapham. Conveyancing practitioner acted for me and Aldermore. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold with the exact same property. Is it worth asking Aldermore to clarify?
You need to read 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 Clapham and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with the conveyancing practitioner who conducted the purchase.
What does commercial conveyancing in Clapham cover?
Clapham conveyancing for business premises incorporates a wide range of guidance, given by qualified solicitors, relating to business property. For instance, this area of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.
I need to appoint a conveyancing solicitor for my conveyancing in Clapham. I've stumble across a web site which seems to have the ideal answer If there is a chance to get all the legals done via web that would be ideal. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?