My partner and I are purchasing our first house. The property lawyer has texted usto see if we wish to take out supplemental conveyancing searches. As novices we in the dark as to what's needed for conveyancing in Downton
The type of Downton conveyancing searches depends entirely on the property, the location, the likelihood of any of these risks, your knowledge of the region and risks, your general attitude to risk. What matters is that you adequately understand what information each search could give you. Then you can decide if you consider that you need that search. Should you be in doubt, ask your property lawyer to recommend.
Is it the case that all Downton conveyancing solicitors on the Co-operative conveyancing panel are governed by the SRA?
As solicitors, in order to be on the Co-operative approved list of solicitors they would need to be governed by the SRA. Some banks do permit licenced conveyancers on their panel and in such a situation the practice would be regulated by the CLC.
I have paid off my mortgage with Clydesdale. I assume I don't need a Downton solicitor on the Clydesdale panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Clydesdale mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Clydesdale mortgage from the register. Clydesdale, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
I can not work out if my mortgage offer requires a lease extension. I have telephoned my Downton bank branch on a couple of occasions and was told they are content with the situation and they will lend. My Downton conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
As long as the conveyancing practitioner is on the bank approved list, she or he must adhere to the Council of Mortgage Lenders’ Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I own a renovated Victorian house in Downton. Conveyancing lawyer represented me and Virgin Money. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, the second leasehold with the matching address. Is it worth asking Virgin Money to clarify?
You need to read 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 Downton 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 mortgage companies. You can also check the situation with the conveyancing solicitor who conducted the purchase.
About to purchase a new build apartment in Downton. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Downton
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Downton is the location of the property. Can you shed any light on this issue?
Flying freeholds in Downton are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Downton you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Downton 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.
I am 18 days into a residential purchase having been referred to solicitors by the selling agent to do our conveyancing in Downton. We are not happy. Could you you assist me in finding new lawyers?
They would need to be really bad in order to consider changing them. Has the mortgage offer been sent? In the event that it has you need to advise them of the new contact details and ensure the offer are re-issued. The conveyancer needs to be on the mortgage company panel to avoid added charges and complications. That should be your first question of the new solicitors. The find a solicitor tool should help you find a bank approved lawyer for your conveyancing in Downton