We are hoping to buy a 1 bedroom apartment in Hartburn with a mortgage. We have a Hartburn conveyancer, however the mortgage company advise he's not on their "panel". It appears that we have no choice but to use one of the bank panel conveyancing practices or keep our Hartburn property lawyer as well as pay for one of their panel firms to act for them. This feels very unfair; are we not able to require that the lender use our Hartburn property lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Hartburn conveyancing solicitor to apply to be on the conveyancing panel.
Me and my partner are about to exchange on the purchase of a property in Hartburn but as a result of damage from some water damage at the property I have managed to agree reparation from the current proprietors in the sum of £3k in the form of a deduction in the price. This was going to be addressed as part of the conveyancing process but Skipton are not allowing this. Should they have been notified?
Any conveyancer that is on the Skipton approved list is obliged to disclose to Skipton of any changes to the sale price. If you prohibit your solicitor to notify the price change to Skipton then they would have to discontinue acting for you. In addition, Skipton and you would have to appoint a new solicitor for your conveyancing in Hartburn.
I own a freehold premises in Hartburn but still pay rent, why is this and what is this?
It’s unusual for properties in Hartburn and has limited impact for conveyancing in Hartburn 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 date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
Will our conveyancer be raising enquiries about flooding during the conveyancing in Hartburn.
Flooding is a growing risk for lawyers dealing with homes in Hartburn. Plenty of people will purchase a house in Hartburn, completely aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to give advice on flood risk, however there are a various checks that can be initiated by the purchaser or by their conveyancers which should give them a better appreciation of the risks in Hartburn. The conventional set of completed inquiry forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard question of the seller to determine if the property has suffered from flooding. If flooding has previously occurred and is not revealed by the vendor, then a buyer could commence a claim for damages resulting from an inaccurate answer. The buyer’s solicitors should also carry out an environmental search. This will reveal if there is any known flood risk. If so, more detailed inquiries will need to be initiated.
The estate agent has sent us the confirmation of our purchase of a new build flat in Hartburn. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Hartburn
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
What does commercial conveyancing in Hartburn cover?
Hartburn conveyancing for business premises incorporates a broad array of guidance, supplied by qualified solicitors, relating to business premises. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of tenancies.