The Easthampstead conveyancing firm handling our Easthampstead conveyancing has identified an inconsistency when comparing the information in the valuation report and what is in the conveyancing documents. My lawyer has advised that he needs to ensure that the bank is happy with this discrepancy and is content to go ahead. Is my solicitor’s course or action right?
Your solicitor 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.
We have agreed to purchase a house in Easthampstead. One unusual aspect is that the roof has a solar panel. Santander have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Santander your lawyer must follow the formal instructions contained in Section 2 of UK Finance Lenders’ Handbook for Santander. The CML Handbook stipulates minimum conditions for solar panel roof-space leases, and lawyers are required to report to Santander where a lease fails to meet these requirements. The provisions relate to the installation of panels on properties countrywide and is not restricted to Easthampstead.
It is unclear whether my bank requires a lease extension. I have called into my local Easthampstead bank branch on various occasions and was reassured it wasn't a problem and they will lend. My Easthampstead conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they will not lend in accordance with their specific requirements. I have no idea who is right.
Your conveyancer has to follow the CML Handbook section two requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I've digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Easthampstead solicitor - who is on the TSB conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Easthampstead surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Me and my brother have a 4 bedroom Edwardian property in Easthampstead. Conveyancing solicitor acted for me and TSB. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold under the matching address. I thought I was buying a freehold how can I check?
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 Easthampstead and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing practitioner who carried out the work.
I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what should have been a quick, no chain conveyancing. Easthampstead is the location of the property. What do you suggest?
Flying freeholds in Easthampstead are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Easthampstead you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Easthampstead 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 residence.
As co-executor for the estate of my aunt I am disposing of a house in Neath but live in Easthampstead. My conveyancer (based 300 kilometers awayrequires that I execute a stat dec ahead of completion. Could you suggest a conveyancing practitioner in Easthampstead to witness this legal document for me?
strictly speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are located in Easthampstead
What can I do where I am dissatisfied with the conveyancing practitioner who did my conveyancing in Easthampstead?
We live in an imperfect world, and unfortunately sometimes things do go wrong. However there is recourse where you were dissatisfied with your conveyancing in Easthampstead. This varies from trying to resolve matters directly with them, through to reporting a conveyancer to their regulator. If you remain unhappy you may consider getting in touch with the Legal Ombudsman.