My husband and I are planning to acquire a house in Datchet and are in fact using a Datchet conveyancing practice. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Barnsley Building Society have this evening contacted us to inform me that they have now hit a problem as our Datchet conveyancer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit of a mortgage it is normal for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Datchet solicitors, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
It is 10 years ago since I bought my property in Datchet. Conveyancing lawyers have now been instructed on the sale but I am unable to track down my title documents. Is this a problem?
Don’t worry too much. First there is a chance that the deeds will be retained by the lender or they could still be with the lawyers who handled the purchase. Secondly in all probability the title will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Datchet involves registered property but in the unlikely event that your property is not registered it is more of a problem but is resolvable.
Will my conveyancer be raising enquiries concerning flooding during the conveyancing in Datchet.
Flooding is a growing risk for solicitors carrying out conveyancing in Datchet. There are those who purchase a property in Datchet, completely aware 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 obtain a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, but there are a numerous searches that can be initiated by the buyer or by their lawyers which will give them a better understanding of the risks in Datchet. The conventional set of information given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the owner to determine whether the property has historically flooded. In the event that flooding has previously occurred and is not revealed by the vendor, then a purchaser may issue a legal claim for losses as a result of such an incorrect reply. A purchaser’s solicitors should also carry out an environmental search. This should indicate if there is any known flood risk. If so, more detailed investigations will need to be initiated.
Me and my brother purchased a renovated Victorian house in Datchet. Conveyancing lawyer represented me and Barnsley Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold with the exact same address. Is it worth asking Barnsley Building Society to clarify?
You should assess 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Datchet and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with the conveyancing lawyer who carried out the work.
I've recently found out that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Datchet is where the house is located. Can you offer any advice?
Flying freeholds in Datchet are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Datchet you must be sure that your lawyer goes 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 Datchet may decide 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.
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