I am the only beneficiary of my late grandmother’s estate with all property in now in my sole name, including the my former home in Grange Over Sands. Conveyancing formalities meant that the Land Registry date was in September. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', meaning my property ownership may be treated the same way as though I had purchased the property in September. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. Most banks would take a sensible view as this obligation is primarily there to capture the purchase and immediately sell or the flipping of property.
We expect to receive a AIP from Leeds Building Society this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Leeds Building Society recommend any Grange Over Sands solicitors on the Leeds Building Society conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Grange Over Sands solicitors independently although you'll need to choose one on the Leeds Building Society conveyancing panel. The solicitor represents both you and Leeds Building Society through the process.
I am due to exchange contracts on my flat. I had a double glazing fitted in November 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Nottingham are being problematic. The Grange Over Sands solicitor who is on the Nottingham conveyancing panel is recommending indemnity insurance as a solution but Nottingham are requiring a building regulation certificate. Why do Nottingham have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nottingham have referred the matter to their valuer. The reason why Nottingham may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have been told that property searches are the number one cause of hinderance in Grange Over Sands house deals. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the findings of a review by MoveWithUs that conveyancing searches do not figure amongst the top 10 causes of hindrances during the legal transfer of property. Searches are not likely to be the root cause of delay in conveyancing in Grange Over Sands.
Are there restrictive covenants that are commonly identified as part of conveyancing in Grange Over Sands?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Grange Over Sands. 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…’
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a straight forward, chain free conveyancing. Grange Over Sands is where the house is located. Can you shed any light on this issue?
Flying freeholds in Grange Over Sands are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Grange Over Sands you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Grange Over Sands may decide 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.
I need to instruct a conveyancing solicitor in Grange Over Sands for my house move. Is there any facility to review a solicitor's record with the legal regulator?
You can search for documented Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Go to Check a solicitor's record. For records about the period before 1 January 2008, or to check a firm's history, call 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 regulator may monitor telephone calls for training reasons.
We have AIP from HSBC Bank who have advised we could borrow up to £350k. When do I need to appoint a lawyer for conveyancing? Grange Over Sands is where we plan to move to.
It would be wise to instruct a property lawyer now and ask them to open a file for you. This will enable: 1) the estate agent to send out the Sales Memorandum to the relevant parties 2) the seller’s property lawyer to submit the draft agreement. However, do not ask your conveyancer to start searches until you receive your valuation report via HSBC Bank and you are content to proceed.