I am purchasing a house without a mortgage in New Barnet. I have resided for the previous Seventeen years in New Barnet. Conveyancing searches are a lot of money. Given that I know the road and vicinity intimately should I not bother getting the solicitor to do all the conveyancing searches?
If you not getting a home loan, then almost all of the New Barnet conveyancing searches are at your discretion. Your lawyer will try and sway you, no-doubt strongly, that you should have searches done, but she has a professional duty to do this. One thing to bear in mind; if you are going to dispose of the house at a future date, it may be of importance to your prospective purchaser what the searches determine. Sometimes houses with no practical issues can still show up detrimental search results. A good conveyancing solicitor in New Barnet should provide you some practical guidance here.
It is 10 years ago since I bought my property in New Barnet. Conveyancing lawyers have now been instructed on the sale but I am unable to track down the title deeds. Is this a problem?
You need not be too concerned. First the deeds may be kept by the mortgage company or they may be in the possession of the conveyancers who oversaw your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring current official copies of the land registers. Almost all conveyancing in New Barnet involves registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Can you clarify what the consequences are if my solicitor is removed from the UBS Solicitor panel ahead of completing my conveyancing in New Barnet?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Should our lawyer be raising questions regarding flooding as part of the conveyancing in New Barnet.
The risk of flooding is if increasing concern for conveyancers dealing with homes in New Barnet. There are those who acquire a property in New Barnet, 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 get a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a number of searches that can be undertaken by the purchaser or by their conveyancers which should give them a better understanding of the risks in New Barnet. The conventional set of property information forms supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to determine whether the premises has ever been flooded. In the event that flooding has previously occurred and is not notified by the vendor, then a buyer could bring a legal claim for losses as a result of such an incorrect reply. A buyer’s conveyancers will also order an environmental search. This will higlight whether there is a recorded flood risk. If so, more detailed investigations should be conducted.
I have todayfound out that Stirling Law have closed. They conducted my conveyancing in New Barnet for a purchase of a freehold house 12 months ago. How can I establish that my home is in my name in the name of the previous owner?
The quickest method to see if the property is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of New Barnet conveyancing specialists.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. New Barnet is where the house is located. What do you suggest?
Flying freeholds in New Barnet are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside New Barnet you must be sure that your lawyer goes 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 New Barnet 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.