Me and my fiance are buying a 1 bedroom apartment in Marlborough with a mortgage. We have a Marlborough solicitor, however the mortgage company advise he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or retain our Marlborough solicitor and pay for one of their panel lawyers to represent them. We regard this is unjust; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Marlborough conveyancing solicitor to apply to be on the conveyancing panel.
I just acquired a flat at auction in Marlborough. Conveyancing is necessary. What are my next steps?
Given that you are now exchanged you now have to retain a conveyancing lawyer as a matter of priority as you are facing a tight a drop dead date to complete the purchase. All auction property will have an associated legal pack. This should include most,if not all of the paperwork that your solicitor will need. Where you are dealing with leasehold premises the legal papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation pertinent to leasehold premises. You must hand this to your appointed conveyancing solicitor as soon as possible. Do make sure that that you have the requisite funding in place to complete the transaction on the set completion date.
We had instructed conveyancing lawyers with offices in Marlborough on the UBS solicitor panel. They are now charging me a separate sum for handling the UBS mortgage. Is this a supplemental conveyancing fee set by UBS?
Unfortunately, so long as it is in their Terms of Engagement or estimate then yes your conveyancer can charge a fee for this. This charge is not dictated by UBS but by your Marlborough property lawyer. Plenty of firms on the UBS panel will levy an ‘acting for lender’ fee and others do not.
I am buying a property in Marlborough. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Bank of Ireland be concerned?
As your lender is Bank of Ireland your lawyer must follow the formal requirements contained in Section two of UK Finance Lenders’ Handbook for Bank of Ireland. The CML Handbook sets out minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to Bank of Ireland where a lease fails to satisfy these conditions. The specifications relate to the installation of panels on properties in England and Wales and is not isolated to Marlborough.
Will my conveyancer be raising questions regarding flooding as part of the conveyancing in Marlborough.
The risk of flooding is if increasing concern for lawyers dealing with homes in Marlborough. There are those who acquire a house in Marlborough, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, but there are a numerous searches that can be carried out by the purchaser or by their conveyancers which should give them a better understanding of the risks in Marlborough. The standard completed inquiry forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to discover if the property has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the owner, then a buyer could issue a compensation claim stemming from an misleading reply. The buyer’s conveyancers may also order an enviro report. This will indicate whether there is a recorded flood risk. If so, further inquiries will need to be conducted.
Are there restrictive covenants that are commonly picked up during conveyancing in Marlborough?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Marlborough. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a quick, no chain conveyancing. Marlborough is where the house is located. Can you offer any opinion?
Flying freeholds in Marlborough 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 Marlborough you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Marlborough 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 premises.
As co-executor for the will of my aunt I am selling a property in Neath but I am based in Marlborough. My solicitor (based 200 miles from merequires that I sign a stat dec prior to completion. Could you suggest a conveyancing lawyer in Marlborough to witness and place their company stamp on the document?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are Marlborough based