It is a dozen years since I purchased my property in Lindfield. Conveyancing solicitors have just been instructed on the sale but I can't find my title documents. Is this a problem?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by your lender or they may be in the possession of the lawyers who acted in your purchase. Secondly in most cases the land will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Lindfield relates to registered property but in the rare situation where your property is unregistered it is more problematic but is not insurmountable.
Are the BSA intent on creating a searchable register to to identify solicitors on the Loughborough BS conveyancing panel for instance in Lindfield?
We have not been informed any plans on the part of the BSA to develop such a register.
Will my solicitor be raising enquiries about flooding as part of the conveyancing in Lindfield.
The risk of flooding is if increasing concern for lawyers carrying out conveyancing in Lindfield. There are those who buy a house in Lindfield, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell 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, but there are a numerous searches that may be carried out by the purchaser or by their lawyers which will give them a better appreciation of the risks in Lindfield. The standard property information forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) contains a usual question of the owner to find out if the premises has suffered from flooding. If the property has been flooded in past and is not notified by the vendor, then a buyer may bring a compensation claim as a result of such an inaccurate answer. A buyer’s conveyancers will also commission an enviro search. This will disclose whether there is a recorded flood risk. If so, more detailed inquiries should be initiated.
I used Stirling Law several years ago for my conveyancing in Lindfield. Now, I need my documents however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Lindfield of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the guidance of my in-laws I had a survey completed on a property in Lindfield before instructing solicitors. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some lenders tend refuse to issue a mortgage on a flying freehold house.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Lindfield. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Lindfield to see if the conveyancing costs will increase in light of this.
How do I use the search app to choose a conveyancing lawyer in Lindfield on the panel for my bank?
First choose a mortgage company such as National Westminster Bank, Bank of Scotland or Britannia then choose your preferred area e.g. Lindfield. Conveyancing practices in Lindfield and nationally will then be identified.