The Dolwyddelan conveyancing firm handling our Dolwyddelan conveyancing has discovered an inconsistency when comparing the assumptions in the home valuation survey and what is in the conveyancing documents. My lawyer says that he is obliged to check that the lender is OK with this discrepancy and is content to go ahead. Is my solicitor’s approach appropriate?
Your lawyer must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
It is 10 years ago since I acquired my house in Dolwyddelan. Conveyancing lawyers have recently been appointed on the sale but I am unable to find the title deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly there is a possibility that the deeds will be retained by your lender or they may still be with the solicitor who oversaw the purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in Dolwyddelan relates to registered property but in the rare situation where your home is unregistered it is more of a problem but is not insurmountable.
Will my conveyancer be raising enquiries regarding flooding as part of the conveyancing in Dolwyddelan.
Flooding is a growing risk for lawyers carrying out conveyancing in Dolwyddelan. There are those who purchase a property in Dolwyddelan, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a numerous checks that can be initiated by the purchaser or by their solicitors which should give them a better appreciation of the risks in Dolwyddelan. The standard property information forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the owner to determine whether the premises has historically flooded. If flooding has previously occurred which is not notified by the owner, then a buyer could issue a legal claim for losses as a result of such an inaccurate answer. A buyer’s conveyancers may also order an enviro report. This will disclose if there is any known flood risk. If so, further investigations should be made.
The deeds to my property are lost. The lawyers who conducted the conveyancing in Dolwyddelan 5 years ago have long since closed. What are my next steps?
As long as you have a registered title the details of your ownership will be evidenced by the Land Registry with a Title Number. It is easy to carry out a search at the Land Registry, identify your property and get current copies of the property title for a small fee. If the property is Leasehold then the Land Registry will usually hold a certified copy of the Registered Lease and again, a copy can be obtained for £20 inclusive of VAT.
How does conveyancing in Dolwyddelan differ for newly converted properties?
Most buyers of new build property in Dolwyddelan approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is completed. This is because house builders in Dolwyddelan usually buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Dolwyddelan or who has acted in the same development.
Is there an average conveyancing fee for conveyancing in Dolwyddelan?
The average fee last year for conveyancing in Dolwyddelan was £1,395 excluding SDLT and Land Registry charges.