Our solicitor has uncovered a defect with the lease for the apartment we are purchasing in Norfolk. The other side have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor has advised that he must check that the bank is content with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
Completed the sale of my flat in Norfolk last December but my buyer keeps SMS messaging every few hours to moan that her solicitor is waiting to hear from myconveyancer. What should have happened following completion?
Following your sale your lawyer should deliver the transfer documentation and all of the paperwork to the purchaser's solicitors. Where relevant, your conveyancer should also send confirmation that the mortgage has been discharged to the purchasers solicitors. There are no post completion procedures just for conveyancing in Norfolk.
I am considering remortgaging my property in Norfolk, does my lawyer have to be on the Clydesdale Conveyancing panel?
In theory, you could use a solicitor that is not on the Clydesdale conveyancing panel, but Clydesdale would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
My wife and I own a semi-detached Victorian property in Norfolk. Conveyancing lawyer represented me and Birmingham Midshires. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold under the matching property. I'd like to know for sure, how can I find out??
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Norfolk and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with the conveyancing solicitor who conducted the conveyancing.
Can you offer any advice when it comes to choosing a Norfolk conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Norfolk conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Norfolk conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be useful:
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What volume of lease extensions have they carried out in Norfolk in the last 12 months?
Leasehold Conveyancing in Norfolk - Examples of Questions you should ask Prior to Purchasing
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On the whole the outlay for major works tend not to be wrapped into the service charges, although some managing agents in Norfolk obliged tenants to pay into a sinking fund created for the specific intention of establishing a fund for major works. What is the the remaining lease term? This question is useful as a) areas may result in problems for the block as the common areas may start to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to have all the details
Why is New Build conveyancing in Norfolk more expensive?
Purchasing a brand new premises is completely different from the standard house purchase conveyancing in Norfolk. Firstly sellers ordinarily insist contracts to exchange within a tight deadline, so there is a a great deal of pressure on your property lawyer to make sure everything is in order. In addition new build premises often involve examination of adoption of highways, drains, planning considerations, building warranties or architects certificates. Mortgage lender obligations are also more detailed. Taking into account the complex nature of the process for these types of properties, the conveyancing new build fees are higher than normal.