Is the fact that my solicitor in Cornwall is not listed on my bank's solicitor panel that there is a problem with the quality of his work?
It would be unwise to jump to that conclusion. There are plenty of plausible explanations. Just recently a report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Cornwall conveyancing firm and ask them why they are no longer on the approved list for your lender.
It is is a decade since I purchased my house in Cornwall. Conveyancing solicitors have just been instructed on the sale but I am unable to track down my deeds. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by the mortgage company or they could be archived with the lawyers who oversaw your purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Cornwall involves registered property but in the rare situation where your property is not registered it is more of a problem but is not insurmountable.
A friend informed me that in buying a property in Cornwall there could be a number of restrictions as to what one can do in terms of external alterations to a property. Is this right?
There are a number of properties in Cornwall which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Cornwall should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We have agreed to purchase a house in Cornwall. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Nottingham be concerned?
Given that your lender is Nottingham your lawyer must comply with the conveyancing requirements contained in Part 2 of UK Finance Lenders’ Handbook for Nottingham. The CML Handbook sets out minimum requirements for solar panel roof-space leases, and lawyers are required to report to Nottingham where a lease does not meet these conditions. The conditions relate to the installation of panels on properties countrywide and is not restricted to Cornwall.
I am expecting a OIP from UBS this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do UBS recommend any Cornwall solicitors on the UBS conveyancing panel, or is it better to go independently?
You will need to appoint Cornwall solicitors independently although you'll need to choose one on the UBS conveyancing panel. The solicitor represents both you and UBS through the process.
What will a local search tell me concerning the house my wife and I buying in Cornwall?
Cornwall conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search organisations for example Searches UK The local search is essential in every Cornwall conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your new home. The search should provide data on, amongst other things, details on planning applications applicable 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.
The deeds to our property can not be found. The conveyancers who dealt with the conveyancing in Cornwall 10 years ago have long since closed. Will I be able to sell the house?
You no longer need to hold title original deeds to establish that you are the registered proprietor of land or premises, given that the Land Registry hold details of all registered land or property electronically.
Last January I purchased a leasehold flat in Cornwall. Am I liable to pay service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I acquired a 1 bedroom flat in Cornwall, conveyancing was carried out in 2012. Can you please calculate a probable premium for a statutory lease extension? Similar flats in Cornwall with an extended lease are worth £222,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease terminates on 21st October 2096
You have 70 years unexpired the likely cost is going to span between £9,500 and £11,000 plus professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.