It is 10 years ago since I acquired my property in Kimberley. Conveyancing lawyers have now been retained on the sale but I can't locate the title documents. Is this a major issue?
Don’t worry too much. First the deeds may be kept by your mortgage company or they could be archived with the solicitor who acted in the purchase. Secondly the likelihood is that the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Kimberley relates to registered property but in the rare situation where your home is unregistered it is more tricky but is not insurmountable.
We're in Kimberley, First timers purchasing with a mortgage (lender is Barclays , and our solicitor is on the Barclays conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Barclays 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.
My uncle informed me that in buying a property in Kimberley there could be a number of restrictions prohibiting external changes to a property. Is this right?
We are aware of anumerous of properties in Kimberley which have some sort of restriction or requirement of consent to external variations. Part of the conveyancing in Kimberley should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Is there a list of Santander panel solicitors in Kimberley on the Building Society Association’s Website?
No. There is no such directory service on the CML or Building Society Association sites. A small selection of mortgage companies make their panel listings viewable on the web. If you are looking for a Kimberley lawyer on the Santander please make the most of our tool.
My wife and I are in the throws of viewing houses in Kimberley and I am now considering a potential offer. Is it wise to have a solicitor on ‘stand by’? I am planning to take a mortgage with HSBC.
It would be advisable to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. Given that you are obtaining a mortgage with HSBC, make sure you remember to check that your lawyer is on the HSBC conveyancing panel.
How does conveyancing in Kimberley differ for newly converted properties?
Most buyers of new build property in Kimberley come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is finished. This is because house builders in Kimberley usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Kimberley or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what was supposed to be a quick, chain free conveyancing. Kimberley is where the house is located. Is there any guidance you can give?
Flying freeholds in Kimberley are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Kimberley 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 Kimberley 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 property.
Should I stop the direct debit for my mortgage with Aldermore once a completion date for my sale in Kimberley has been set?
You would be well advised to maintain meeting any mortgage payments to Aldermore pending the mortgage being paid off out of the proceeds of sale as part of your Kimberley conveyancing.