It is 10 years ago since I purchased my property in Lancashire. Conveyancing lawyers have now been appointed on the sale but I can't locate my title documents. Is this a problem?
You need not be too concerned. Firstly there is a possibility that the deeds will be with your lender or they may be archived with the lawyers who acted in the purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers acquiring current official copies of the land registers. Most conveyancing in Lancashire involves registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.
Is it correct that all Lancashire CQS (Conveyancing Quality Scheme) solicitors are on the Principality conveyancing panel?
A selection of banks and building societies now utilise CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
I can not work out if my bank requires a lease extension. I have telephoned my Lancashire building society branch on various occasions and was told they are content with the situation and they will lend. My Lancashire conveyancing solicitor - who is on the bank conveyancing panel- called and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
The lawyer has to follow the Council of Mortgage Lenders’ Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I am due to exchange contracts on my apartment. I had a double glazing fitted in July 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Nottingham are being a right pain. The Lancashire solicitor who is on the Nottingham conveyancing panel is recommending indemnity insurance as a solution but Nottingham are insisting on 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.
Should my solicitor be asking questions about flooding as part of the conveyancing in Lancashire.
Flooding is a growing risk for lawyers carrying out conveyancing in Lancashire. There are those who purchase a house in Lancashire, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to give advice on flood risk, but there are a number of checks that may be undertaken by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Lancashire. The standard property information forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the seller to determine if the property has suffered from flooding. If the property has been flooded in past which is not disclosed by the vendor, then a purchaser could issue a compensation claim as a result of such an inaccurate reply. A buyer’s conveyancers should also commission an enviro report. This will disclose whether there is any known flood risk. If so, further investigations should be carried out.
Me and my brother have a 4 bedroom Edwardian property in Lancashire. Conveyancing solicitor represented me and Clydesdale. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, the second leasehold under the exact same property. Is it worth asking Clydesdale to clarify?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Lancashire and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with the conveyancing solicitor who conducted the purchase.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Lancashire is where the house is located. What do you suggest?
Flying freeholds in Lancashire are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Lancashire you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lancashire may ascertain 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.
Finally our conveyancing in Lancashire is set to complete this Friday, yet the couple I am buying from wants to vacate the next day at midday. Do I agree to such a plan?
It is not possible to complete on a Saturday because the bank systems are not working.