My solicitor has identified a a legal deficiency with the lease for the flat we are buying in Felling and Pelaw. The other side have offered defective title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer has advised that he must be satisfied that the lender is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I purchased a freehold premises in Felling and Pelaw yet invoiced for rent, why is this and what is this?
It is rare for properties in Felling and Pelaw and has limited impact for conveyancing in Felling and Pelaw 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 have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
My wife and I purchasing a victorian detached house in Felling and Pelaw. We would like to an extension at the rear at the house.Will the conveyancing process involve checks to ascertain if these alterations were previously refused?
Your solicitor will check the registered title as conveyancing in Felling and Pelaw will sometimes reveal restrictions in the title documents which prohibit categories of alterations or necessitated the consent of another owner. Some extensions need local authority planning permissions and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these things with a surveyor prior to committing yourself to a purchase.
My wife and I have organised the release of further funds on our mortgage from RBS as we intend to carry out improvements to our house in Felling and Pelaw. Are we obliged to appoint a high street Felling and Pelaw solicitor on the RBS conveyancing panel to deal with the legals?
RBS do not ordinarily instruct firms on their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS conveyancing panel.
I am buying a property in Felling and Pelaw. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Co-operative be concerned?
Given that you are obtaining a mortgage with Co-operative your lawyer must check the conveyancing requirements outlined in Part 2 of UK Finance Lenders’ Handbook for Co-operative. The Council of Mortgage Lenders’ Handbook sets out minimum conditions for solar panel roof-space leases, and conveyancers are required to report to Co-operative where a lease fails to satisfy these specifications. The conditions relate to the installation of panels on properties countrywide and is not limited to Felling and Pelaw.
I have been told that property searches are a common reason for delay in Felling and Pelaw house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the determinations of a review by MoveWithUs that conveyancing searches do not figure within the most frequent causes of delays in the conveyancing process. Searches are not likely to feature in any delay in conveyancing in Felling and Pelaw.
Do I need to be suspicious that brokers that I am dealing with are recommending a factory type conveyancing firm rather than a High Street Felling and Pelaw conveyancing firm?
As with lots of professional services, often referrals from relatives can be extremely useful or valuable. Nevertheless there are numerous people with a vested interest in a conveyancing transaction; estate agents, financial adviser and mortgage companies might all suggest conveyancers to appoint. On occasion the conveyancers might be known to one of the organisations as experts in their field, but occasionally there may be a financial incentive behind the endorsement. You have the right to choose your preferred conveyancer. Don't forget that the majority of mortgage providers specify a panel list of lawyers you must use for the lender aspect of your house move.
My uncle has urged me to appoint his lawyers for conveyancing in Felling and Pelaw. Do I take his recommendation?
There are no two ways about it it’s preferable to find a conveyancing lawyer is to have feedback from friends or relatives who have previously instructed the solicitor you're contemplating using.