As I am unsure how the conveyancing bit works what is the most important number one tip you can impart regarding purchase conveyancing in Nottingham?
Not many law firms shout this from the rooftops but conveyancing in Nottingham or throughout England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and others involved in the transaction. E.g., the seller, estate agent and sometimes your lender. Choosing a law firm for your conveyancing in Nottingham is a critical decision as your conveyancer is your adviser, and is the ONE person in the process whose interest is to act in your best interests and to protect you.
Every so often a third party with a vested interest may try and persuade you that it is in your interests to do things their way. As an example, the estate agent may claim to be assisting by suggesting your lawyer is dragging his heels. Or your mortgage broker may tell you to do take action that is against your conveyancers recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I have an AIP. The lender mentioned the mortgage came with free conveyancing. Does this mean I have to use their panel lawyer as I would prefer to instruct a specialised conveyancing solicitor in Nottingham?
You should check but the the likelihood is that allocate you one of their panel solicitors where you accept the "fee-free" offer. Call the bank and determine if they offer you a monetary alternative. In the past a few lenders offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Nottingham.
Will our solicitor be asking questions about flooding during the conveyancing in Nottingham.
Flooding is a growing risk for conveyancers dealing with homes in Nottingham. Plenty of people will buy a house in Nottingham, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, however there are a number of checks that can be undertaken by the purchaser or by their solicitors which can give them a better appreciation of the risks in Nottingham. The conventional set of information given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to determine if the premises has suffered from flooding. If the premises has been flooded in past which is not revealed by the seller, then a purchaser may issue a legal claim for losses as a result of such an inaccurate response. The purchaser’s conveyancers will also order an environmental search. This will disclose whether there is any known flood risk. If so, more detailed investigations should be carried out.
Are there restrictive covenants that are commonly picked up during conveyancing in Nottingham?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Nottingham. 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 property I put an offer in a fortnight ago in what should have been a quick, no chain conveyancing. Nottingham is where the house is located. What do you suggest?
Flying freeholds in Nottingham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Nottingham 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 Nottingham 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.
We are 18 days into a leasehold purchase having been recommend to a firm by the local agent to execute conveyancing in Nottingham. I am am extremely frustrated with the quality of service. Could you help me find new conveyancers?
They would have to be really poor in order to consider replacing them. Has your loan offer been issued? If so you will need to inform them of the replacement lawyer and get the offer are re-sent. The solicitor ideally needs to be on the banks approved list to avoid added charges and complications. That should be your starting point. The search tool should assist you in finding a bank approved lawyer for your conveyancing in Nottingham