The Lindfield conveyancing firm handling our Lindfield conveyancing has spotted an inconsistency when comparing the information in the home valuation report and what is revealed within the title deeds. My lawyer says that he is duty bound to check that the bank is happy with this discrepancy and is still content to lend. Is my solicitor’s course or action appropriate?
Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements 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 you.
It is 10 years ago since I bought my house in Lindfield. Conveyancing lawyers have just been instructed on the sale but I am unable to find the title documents. Is this a problem?
You need not be too concerned. First there is a chance that the deeds will be retained by the mortgage company or they may stored with the conveyancers who oversaw the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Lindfield relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
Should my lawyer be asking questions regarding flooding during the conveyancing in Lindfield.
Flooding is a growing risk for lawyers carrying out conveyancing in Lindfield. Some people will buy a property in Lindfield, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, but there are a various checks that may be initiated by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Lindfield. The conventional set of information given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to find out if the property has suffered from flooding. In the event that the residence has been flooded in past which is not revealed by the owner, then a buyer may bring a legal claim for losses stemming from an incorrect response. A purchaser’s solicitors will also order an enviro search. This will indicate if there is any known flood risk. If so, additional inquiries will need to be made.
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what should have been a simple, chain free conveyancing. Lindfield is where the house is located. What do you suggest?
Flying freeholds in Lindfield are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Lindfield you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lindfield 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.
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Myself and my wife have just had an offer agreed on a house and had an appointment on Friday with the Post Office for the mortgage. They warned us that when it comes to selecting a property lawyer that if they are not on their approved list of lawyers then we will be subject to an an extra charge of £200. This is is due to the fact that they will then have to instruct a property lawyer to act on their behalf in addition to the one we appoint for ourselves and we assume responsibility for their invoice. I have requested the Post Office to furnish me with a list so I can request quotes only from their approved lawyers but was told they dont have such a list to hand over. Is there a simple way of finding out who is on a lender panel?
Ask the Post Office what their criteria for panel membership is for a conveyancer.Then ask the property lawyer of your choice whether they fit that criteria and have they acted on loans for the Post Office in the past. Where the answer to those is yes, then just double check with the Post Office. Another option is to utilise our search tool and we may be able to find you a property lawyer in Lindfield on the approved list for the Post Office.