I am need of leasehold conveyancing for a flat in a fairly new development (seven years old) in Emsworth. The vast majority the appartments have already been sold. Is it really necessary to order conveyancing searches as part of conveyancing in Emsworth?
If you are buying a property with the assistance of a mortgage, your lender will insist on some (many) of the searches so you'll have no choice. If not, then Emsworth conveyancing searches are optional. No doubt your conveyancer, will ’encourage’, perhaps in the strongest possible terms, that you should not go ahead without searches, but he or she has a professional duty to do this. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you choose to instruct your lawyer to proceed without searches then your lawyer will have to follow your instructions or ask you to appoint a different lawyer for your conveyancing in Emsworth.
It is a dozen years since I acquired my home in Emsworth. Conveyancing lawyers have recently been instructed on the sale but I am unable to find the title documents. Will this cause complications?
You need not be too concerned. Firstly there is a chance that the deeds will be retained by the lender or they could be in the possession of the lawyers who acted in your purchase. Secondly the likelihood is that the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring current official copies of the land registers. Most conveyancing in Emsworth relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Are the BSA intent on creating a search tool with a view to list solicitors on the Darlington Building Society conveyancing panel for example in Emsworth?
We have not been informed any plans on the part of the BSA to promote such a tool.
We are selling our house in Emsworth and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A local lawyer would know that there is no such problem. It does beg the question why the purchasers are using a factory type conveyancing practice as opposed to a conveyancing solicitor in Emsworth. We have lived in Emsworth for six years we know of no issue. Should we get in touch with our local Authority to obtain clarification that there is no issue.
It would appear that you have a conveyancing lawyer already. What do they say? You should 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 life insurance to cover that same sickness)
Am I best advised to instruct a Emsworth conveyancing solicitor based in the location that I am buying? I have an old university friend who can conduct the conveyancing but they are based 300miles away.
The benefit of a high street Emsworth conveyancing practice is that you can visit the firm to sign documents, present your ID and pester them where appropriate. Having local Emsworth know how is a plus. That being said nothing is more important than finding someone that will pull out all the stops for you. If if people you trust instructed your friend and the majority were happy that should outweigh using an unfamiliar Emsworth conveyancing lawyer just because they are based in the area.
Me and my wife are FTB’s just having agreed a price on a property in Emsworth, and are now looking to get solicitors instructed. We have utilised the different comparison tools and the results are from all across the the UK. Is it important to have a Emsworth property lawyer local to our potential new home? I am happy to do everything electronically, but I assume at some point we may need to physically go into the conveyancer's office to sign papers?
The solicitor does not need to be in Emsworth, but choosing local means that you have the option to go in if required, for instance, if a signature is immediately necessary. Also, a Emsworth solicitor is likely to be familiar with local agents and (if the vendor has chosen a local lawyer) with them, which will help keep things moving faster.