Our lawyer has discovered a defect with the lease for the property we are buying in Eynsham. The seller’s lawyers have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor has advised that he must ensure that the mortgage company is happy with this solution. Are we the client or is the bank?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the lender are the client. These conveyancing instructions must be adhered to.
Will our lawyer be raising questions regarding flooding as part of the conveyancing in Eynsham.
Flooding is a growing risk for lawyers dealing with homes in Eynsham. Plenty of people will acquire a house in Eynsham, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to give advice on flood risk, but there are a various checks that may be carried out by the buyer or by their conveyancers which should figure out the risks in Eynsham. The conventional set of property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the seller to find out if the property has suffered from flooding. If flooding has previously occurred and is not revealed by the owner, then a purchaser may bring a compensation claim resulting from an inaccurate reply. A buyer’s conveyancers may also carry out an enviro search. This should disclose whether there is a recorded flood risk. If so, further investigations should be made.
My wife and I purchased a renovated Georgian house in Eynsham. Conveyancing lawyer represented me and Barnsley Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold with the exact same property. Is it worth asking Barnsley Building Society to clarify?
You should assess 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 Eynsham 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 buyers. You can also check the position with your conveyancing practitioner who carried out the work.
Due to the advice of my in-laws I had a survey completed on a property in Eynsham before appointing solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor advised that some banks will refuse to give a mortgage on this type of house.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. Should you wish to call us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Eynsham. Conveyancing may be slightly more expensive based on your lender's requirements.
Given that I will soon part with £400,000 on a two bedroom apartment in Eynsham I wish to have a conversation with the conveyancer regarding thehouse move before giving the go ahead to the firm. Is this something that you can arrange?
This is something that we encourage - it is our preference to talk to you we do not take any clients on without you speaking to the conveyancer who will be doing your conveyancing in Eynsham.There is no ‘factory style conveyancing’ - each client is an important person, not a case reference. The law firms that we put you in touch with believe that the fees you are calculated and presented to you for residential conveyancing in Eynsham should be the amount on the final invoice that you are charged.
My aunt purchased her house in Eynsham ten years past. She has since got married, widowed and has recently married again. She now wishes to the sell the Eynsham property. I believe she will just be need to provide a copy of the marriage papers to the property lawyer but she is worried it will delay the sale of the house. Is it worth updating the title documents for the property?
You are not required to bring up to date the title for the property on the basis that you have the evidence required to demonstrate how the change of name occurred.
The purchaser’s conveyancer should examine the registered information and require evidence by way of proof of the change of name e.g. marriage certificates.