My Hightown conveyancer has identified a difference when comparing the information in the valuation report and what is in the title deeds. My lawyer says that he must check that the lender is OK with this discrepancy and is content to go ahead. Is my lawyer’s stance right?
Your solicitor must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
We're in Hightown, First timers buying with a mortgage (lender is TSB , and our solicitor is on the TSB conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the TSB conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Will our solicitor be raising enquiries regarding flooding as part of the conveyancing in Hightown.
Flooding is a growing risk for conveyancers carrying out conveyancing in Hightown. Some people will buy a house in Hightown, completely aware that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, however there are a various checks that can be initiated by the buyer or by their solicitors which will give them a better appreciation of the risks in Hightown. The standard property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) includes a standard question of the owner to discover whether the property has ever been flooded. If flooding has previously occurred and is not disclosed by the owner, then a purchaser could issue a claim for damages as a result of such an misleading reply. A buyer’s conveyancers should also order an environmental search. This will disclose whether there is any known flood risk. If so, further investigations should be conducted.
I have recentlybecome aware that Arc property Solicitors have been shut down. They conducted my conveyancing in Hightown for a purchase of a leasehold flat 18 months ago. How can I establish that my home is not still registered in the name of the former proprietor?
The easiest way to see if the property is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Hightown conveyancing specialists.
I decided to have a survey carried out on a house in Hightown ahead of instructing lawyers. I have been told that there is a flying freehold overhang to the house. My surveyor advised that some lenders may not give a loan on a flying freehold house.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. If you call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hightown. Conveyancing may be slightly more expensive based on your lender's requirements.
How can the Landlord & Tenant Act 1954 impact my business offices in Hightown and how can your lawyers assist?
The particular law that you refer to provides a safeguard to business leaseholders, giving them the right to apply to court for a continuation of occupancy at the end of the lease term. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Hightown is one of our hundreds of locations in which our lawyers are located