Is the fact that my conveyancer in Hawkshead is not on my bank's solicitor panel that there is a problem with the standard of her work?
That would most likely be a wrong assumption to make. There are plenty of reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the Hawkshead conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
My conveyancer has discovered a a problem with the lease for the apartment we are purchasing in Hawkshead. The other side have suggested defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancing practitioner has advised that he must be satisfied that the bank is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 property lawyer will have no choice but to discontinue acting for you.
My colleague advised me that where I am purchasing in Hawkshead I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually included in the estimate for your Hawkshead conveyancing searches. It is not a small document of about 40 pages, listing and detailing important information about Hawkshead around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Hawkshead Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Hawkshead Education with maps and statistics, Local Amenities and other useful information regarding Hawkshead.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a quick, chain free conveyancing. Hawkshead is the location of the property. Can you shed any light on this issue?
Flying freeholds in Hawkshead are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Hawkshead you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hawkshead may determine 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.
Am I better off to choose a Hawkshead conveyancing lawyer in close proximity to the house I am buying? An old friend can handle the legal work however her office is 400miles away.
The benefit of a local Hawkshead conveyancing firm is that you can drop in to execute documents, deliver your identification documents and pester them if necessary. They will also have local insight which is a plus. However it's more important to get someone that will pull out all the stops for you. If if people you trust instructed your friend and the majority were happy that must surpass using an unfamiliar Hawkshead conveyancing solicitor just because they are Hawkshead based.
I'm selling a apartment in Hawkshead. I have found my conveyancer's company on the CLC list, but I can't find my conveyancer's name on the list. Should I be concerned?
Not every individual in the company must be listed by the regulator. Provided there is someone qualified to 'oversee' the transaction, the actual day-to-day activity can be undertaken by unlicensed staff.