Is the fact that my solicitor in Devon is not identified on my lender's solicitor panel that there is a problem with the quality of his work?
That is most likely a wrong assumption to make. There are plenty of reasonable 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) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Devon conveyancing practice and enquire why they are no longer on the approved list for your lender.
I have given 8 weeks notice to my existing landlord and must vacate my let out property in Devon by the end of next month. Conveyancing on my purchase is underway. How realistic is it to complete in 5 weeks as I wish to avoid having to move into temporary accommodation?
The normal practice is not to give notice on a rental unless your lawyer suggests that you should. If you have not already done so, notify to your conveyancer and ask them to they chase the owners side, try to get a realistic time scale from them that all parties will work to achieve
When does exchange of contracts happen for domestic conveyancing in Devon and do I need to attend the solicitors office?
Where you are near to one of the conveyancing solicitors in Devon you are welcome to come in to sign the paperwork. However, the firms we recommend offer countrywide coverage for conveyancing and provide just as detailed and professional a job for you when dealing with you digitally. The executing of the property agreement is not the point of no return. A signed contract simply enables the firm to exchange contracts when the time is right, which will usually be very shortly after signing. The procedure is nowadays normally dealt with by telephone and can be very rapid, although where an extended "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Devon)to be in the office available at the end of the phone to exchange contracts.
Despite weeks of looking the Title Certificate and documents to my home can not be found. The conveyancers who dealt with the conveyancing in Devon 10 years ago have long since closed. What do I do?
As long as you have a registered title the details of your proprietorship will be retained by the Land Registry under a Title Number. It is easy to perform a search at the Land Registry, find your property and secure up to date copies of the Registered Entries for less than a fiver. If the property is Leasehold then the Land Registry will in most cases hold a certified duplicate of the Registered Lease and again, a copy can be ordered for twenty pounds.
I am looking for a ground for flat up to £245,000 and identified one near me in Devon I like with open areas and transport links nearby, the downside is that it's only got 51 years unexpired on the lease. I can't really find anything else in Devon in this price bracket, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you require a home loan the shortness of the lease will be problematic. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for a minimum of twenty four months you may request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer concerning this.
I've recently bought a leasehold property in Devon. Am I liable to pay service charges for periods before completion of my purchase?
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. A critical element of leasehold conveyancing for your conveyancer to ensure 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).
Devon Leasehold Conveyancing - Sample of Queries Prior to buying
-
What is the yearly maintenance fee and ground rent? It would be wise to find out if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in in a block in Devon. If you love the propertyin Devon but your dog can’t move with you then you have a very hard decision. The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this situation the leaseholders benefit from being in charge if their destiny and notwithstanding that a managing agent is usually employed where it is bigger than a house conversion, the managing agent is directed by the tenants.