We are purchasing a 3 bedroom flat in Corwen with a mortgage. We have a Corwen lawyer, however the lender says she’s not on their "panel". We have to appoint one of the bank panel firms or keep our Corwen lawyer and pay for one of their panel ones to represent them. We feel that this is inequitable; are we not able to demand that the mortgage company use our Corwen property lawyer ?
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 Corwen conveyancing solicitor to apply to be on the conveyancing panel.
Can you help? My Corwen solicitor is assuring me that he has toorder Corwen conveyancing searches resulting from the fact thatthe firm are on the Santanderconveyancing panel. Do I not have any say here?
You have limited options available to you. Given that you are taking out a loan with a bank your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancing practitioner would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Corwen conveyancing searches.
I am the registered owner of a freehold property in Corwen but still pay rent, why is this and what is this?
It is rare for properties in Corwen and has limited impact for conveyancing in Corwen 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 have existed for hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
I have recentlybecome aware that Arc property Solicitors have been shut down. They carried out my conveyancing in Corwen for a purchase of a leasehold flat 10 months ago. How can I check that the property is registered correctly in the name of the previous owner?
The easiest method to check if the premises is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Corwen conveyancing specialists.
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Corwen is the location of the property. Can you offer any guidance?
Flying freeholds in Corwen are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Corwen you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Corwen may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
My father-in-law has suggested that I instruct his lawyers for conveyancing in Corwen. Should I use them?
No doubt the best way to choose a conveyancing lawyer is to get referrals from friends or relatives who have experience in using the firm you're are thinking of instructing.