It is is a decade since I bought my home in Downe. Conveyancing solicitors have now been retained on the sale but I am unable to track down my title deeds. Will this cause complications?
You need not be too concerned. Firstly the deeds may be retained by the lender or they could still be with the lawyers who handled the purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Nearly all conveyancing in Downe relates to registered property but in the unlikely event that your property is not registered it is more of a problem but is not insurmountable.
When reviewing moneysavingexpert.com for a cheap solicitor in Downe, most advise that I should use a CQS kitemarked solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in buying or selling property, trusted by some of the UK's biggest lenders. Four years ago the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. The scheme does not cover licenced conveyancers. Downe is one of the numerous areas in England and Wales where there are CQS lawyers.
We are planning on selling our property in Downe and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. Any local conveyancer would know this is not the case. For the life of me I don't know why the buyers instructed an online conveyancing practice rather than a conveyancing solicitor in Downe. We have lived in Downe for six years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain confirmation that there is no issue.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
How does conveyancing in Downe differ for new build properties?
Most buyers of new build property in Downe approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is ready to move into. This is because new home sellers in Downe usually acquire the land, 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 conveyancers 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 used to new build conveyancing in Downe or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a quick, chain free conveyancing. Downe is where the house is located. Is there any guidance you can impart?
Flying freeholds in Downe are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Downe you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Downe may ascertain 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 premises.
Is there a reason that Downe conveyancing charges are more expensive for leasehold and freehold properties?
Inevitably there is more work needed in leasehold conveyancing. Downe has many leasehold properties. There is more time involved in the purchase: for example, the lease and leasehold information (including up to date service charge, ground rent and buildings insurance details) obtained from the freeholder or managing agents. There are strict criteria that the lease must meet in order to be acceptable to a mortgage company. If it does not meet these requirements, the lease must be amended, which can involve additional expense for the seller.