Me and my fiance are purchasing a 1 bedroom flat in Nayland with a mortgage. We have a Nayland solicitor, but the lender advise he's not on their "panel". We have to appoint one of the bank panel conveyancing practices or retain our Nayland solicitor and pay for one of their panel firms to represent them. We regard this is inequitable; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Nayland conveyancing solicitor to apply to be on the conveyancing panel.
My wife and I are due to complete on the purchase of a property in Nayland but as a consequence of wreckage from some water damage at the property I have was able negotiate compensation from the owner in the sum of £3k in the form of a adjustment in the price. I had intended this to be dealt with as part of the conveyancing process but Leeds Building Society will not permit this. Why were they involved?
The lawyer being on a Leeds Building Society conveyancing panel is required to disclose to Leeds Building Society of any changes to the sale price. If you prohibit your solicitor to notify the reduction to Leeds Building Society then they would have to discontinue acting for you. In addition, Leeds Building Society and you would have to appoint a new conveyancer for your conveyancing in Nayland.
My wife and I buying a 3 bedroom semi in Nayland. We would like to an extension at the rear at the house.Will the conveyancing process include enquiries to ascertain if these alterations were previously refused?
Your property lawyer should check the registered title as conveyancing in Nayland will on occasion identify restrictions in the title documents which prohibit certain alterations or require the consent of a 3rd party. Certain extensions require local authority planning consent and approval in compliance with building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor prior to committing yourself to a purchase.
It is unclear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Nayland bank branch on a couple of occasions and was told it does not affect the mortgage offer and they would lend. My Nayland conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they refuse to lend in accordance with their specific requirements. I have no idea who is right.
As long as the property lawyer is on the lender approved list, they must adhere to the CML Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
After shopping around on the internet I have found a Nayland lawyer having made sure that they are on the Coventry BS conveyancing panel. Does my lawyer arrange the survey of the property?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Nayland surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
My friend suggested that if I am purchasing in Nayland I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is occasionally quoted for as part of the standard Nayland conveyancing searches. It is a large report of more than thirty pages, listing and setting out significant information about Nayland around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with maps and statistics, Local Amenities and other useful information concerning Nayland.
Just had an offer accepted on a new build apartment in Nayland. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Nayland
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The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please supply a car parking plan. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Am I better off to instruct a Nayland conveyancing lawyer in close proximity to the house I am purchasing? An old friend can carry out the conveyancing but her office is 300miles drive away.
The primary upside of using a high street Nayland conveyancing practice is that you can attend the office to execute paperwork, hand in your ID and apply pressure on them where appropriate. They will also have local insight which is a bonus. However it's more important to get someone that will pull out all the stops for you. If if people you trust instructed your friend and in the main were impressed that should outweigh using an unfamiliar Nayland conveyancing lawyer solely due to them being Nayland based.