Me and my fiance are buying a 3 bedroom apartment in Marlborough with a mortgage. We like our Marlborough conveyancer, however the lender says he's not on their "panel". We have to appoint one of the lender panel conveyancing practices or keep our Marlborough solicitor and pay for one of their panel ones to act for them. We regard this is inequitable; is there anything we can do?
Unfortunately,no. The mortgage offered to you 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. Another option that might be available is for your Marlborough conveyancing solicitor to apply to be on the conveyancing panel.
My bid for a property was accepted at auction in Marlborough. Conveyancing is necessary. What happens now?
Now that you are to all intents and purposes signed on the dotted line you now have to retain a conveyancing solicitor soon as you are faced with a pending a drop dead date to complete the conveyancing. An auction property will ordinarily have an associated legal pack. This will include the copy title deeds, local authority and drainage searches. In the case of leasehold property the auction papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork pertinent to leasehold premises. You must give this to the lawyer working for you ASAP. Do make sure that that you have the requisite funding in order to complete the transaction on the set completion date.
We had chosen conveyancing lawyers based in Marlborough on the Yorkshire BS solicitor panel. They have just invoiced me a further amount for the legal aspects of the Yorkshire BS mortgage. Is this a supplemental conveyancing fee set by Yorkshire BS?
Unfortunately, so long as it is in their Terms of Engagement or estimate then yes your property lawyer is entitled to charge a fee for this. This charge is not dictated by Yorkshire BS but by your Marlborough conveyancer. Numerous firms on the Yorkshire BS panel will levy an ‘acting for lender’ fee and others do not.
We have agreed to purchase a house in Marlborough. A rare aspect is that the roof has a solar panel. Barclays have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Barclays your lawyer must check the formal instructions set out in Part 2 of UK Finance Lenders’ Handbook for Barclays. The Council of Mortgage Lenders’ Handbook stipulates minimum requirements for solar panel roof-space leases, and conveyancing practitioners are required to report to Barclays where a lease fails to comply with these specifications. The conditions relate to the installation of panels on properties in England and Wales and is not limited to Marlborough.
Should my lawyer be raising questions regarding flooding during the conveyancing in Marlborough.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Marlborough. Some people will purchase a property in Marlborough, completely aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a numerous searches that can be undertaken by the purchaser or by their lawyers which can figure out the risks in Marlborough. The conventional set of information given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to discover if the property has historically flooded. If flooding has previously occurred which is not revealed by the seller, then a buyer could bring a claim for damages as a result of such an incorrect response. The purchaser’s conveyancers will also commission an enviro search. This will indicate if there is any known flood risk. If so, additional investigations 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 legal transfer of property 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…’
I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a simple, chain free conveyancing. Marlborough is where the house is located. Can you shed any light on this issue?
Flying freeholds in Marlborough are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Marlborough you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Marlborough 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 premises.
In my capacity as executor for the will of my aunt I am selling a residence in Newport but reside in Marlborough. My solicitor (based 300 kilometers awayhas requested that I sign a statutory declaration before the transaction finalising. Could you suggest a conveyancing lawyer in Marlborough to attest and place their company stamp on the document?
strictly speaking you should not need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will suffice regardless of whether they are Marlborough based