We are buying a 1 bedroom flat in Falmouth with a mortgage. We have a Falmouth lawyer, however the lender says he's not on their "panel". We have to appoint one of the lender panel solicitors or continue with our Falmouth conveyancer as well as pay for one of their panel firms to represent them. We consider that this is unjust; are we not able to require that the bank use our Falmouth solicitor ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Falmouth conveyancing solicitor to apply to be on the conveyancing panel.
Do commercial conveyancing searches reveal impending roadworks that could impact a commercial land in Falmouth?
Its becoming the norm that commercial conveyancing solicitors in Falmouth will perform a SiteSolutions Highways report as it reduces the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Falmouth. The report provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Falmouth.
For every commercial conveyancing transaction in Falmouth it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately can cause delays to Falmouth commercial conveyancing deals as well as pose a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Falmouth.
Are there restrictive covenants that are commonly identified as part of conveyancing in Falmouth?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Falmouth. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Taking into account that I will soon spend 450k on a house in Falmouth I would like to have a conversation with the conveyancer regarding theconveyancing ahead of instructing the firm. Can this be arranged?
We could not agree more - we would be pleased to talk to you we do not take any clients on without you speaking to the solicitor who will be conducting your property ownership legalities in Falmouth.There is no ‘factory style conveyancing’ - every client is an important person, not a matter reference. The solicitors that we put you in touch with believe that the figure you are provided with for residential conveyancing in Falmouth should be the figure that you end up paying.
I am looking for a conveyancing solicitor in Falmouth for my remortgage. Is it possible to see a firm’s record with the legal regulator?
Anyone may read published Solicitor Regulator Association (SRA) determinations arising from investigations started on or after Jan 2008. Visit Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The SRA sometimes monitor telephone calls for training purposes.
I happen to be an executor of my recently deceased mother’s Will, with a property in Falmouth which is to be marketed. The bungalow is unregistered at the Land Registry and I'm told that some estate agents will insist that it is completed before they'll move forward. What's the mechanism for this?
In the circumstances that you have set out it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.