My husband and I are looking to purchase a house in Durham and are in fact using a Durham conveyancing practice. Within the last couple of days our conveyancer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Barclays have this morning contacted us to advise us that there is now an issue as our Durham lawyer is not on their conveyancing panel. Is this a problem?
Where you are buying a property with the assistance 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 Quality Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Durham solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
I purchased a freehold property in Durham yet invoiced for rent, why is this and what is this?
It is rare for properties in Durham and has limited impact for conveyancing in Durham but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
Our mortgage company has suggested a law firm on their panel based in Durham but I would rather use a conveyancing lawyer in Durham or nearer to where I live. Can you assist?
Not all Durham conveyancing firms are approved and listed on all banks conveyancing panel. Use the above search tool to locate a Durham conveyancing solicitor on the on the mortgage company panel.
We are buying a victorian detached house in Durham. Our aim is to convert the garage to an office at the property.Will the conveyancing process include enquiries to see if these works are prohibited?
Your property lawyer will check the registered title as conveyancing in Durham will on occasion reveal restrictions in the title documents which prevent categories of changes or need the consent of a 3rd party. Many additions require local authority planning consent and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be prudent to check these issues with a surveyor prior to committing yourself to a purchase.
We are getting a further advance on our mortgage from Principality as we intend to carry out alterations to our home in Durham. Do we need to select a nearby Durham solicitor on the Principality conveyancing panel to handle the legals?
Principality would not normally instruct a member of their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Principality list.
Virgin Money have agreed my mortgage in principle, my offer on a flat in Durham has been agreed to, now what?
Your estate agent will need to know who your solicitors are (ensure that the lawyers are on the bank’s approved list). Call up Virgin Money or the broker and finish off any relevant documentation. Virgin Money will sellect a valuer who will get in contact with the estate agent or seller to book a slot for the valuation to take place. Once carried out (assuming no problems) it takes on average a fortnight to get a mortgage offer. Virgin Money will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Durham.
What does a local search reveal regarding the property we're buying in Durham?
Durham conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search company for example PSG The local search is essential in every Durham conveyancing purchase; that is if you don’t want any unpleasant once you have moved into your new home. The search should provide data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic areas.
About to purchase a new build flat in Durham. Conveyancing is daunting 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.
Set out below is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Durham
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan.