My conveyancer has identified a a problem with the lease for the apartment we are buying in Old Malden. The seller’s lawyers have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer says that he must ensure that the bank is willing to move forward with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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.
We are selling our home in Old Malden and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. Any local lawyer would know that there is no such problem. It does beg the question why the buyers used a factory type conveyancing outfit as opposed to a conveyancing solicitor in Old Malden. We have lived in Old Malden for six years we know of no issue. Should we contact our local Authority to get clarification need.
It would appear that you have a conveyancing firm currently acting for you. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
I have todaybecome aware that Wolstenholmes have closed. They conducted my conveyancing in Old Malden for a purchase of a freehold house 9 months ago. How can I establish that the property is not still registered in the name of the previous owner?
The quickest method to check if the premises is registered to you, you can carry out 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 Old Malden conveyancing specialists.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Old Malden. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Old Malden
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Please supply a car parking plan. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
I opted to have a survey completed on a property in Old Malden ahead of instructing lawyers. I have been informed that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies will refuse to issue a mortgage on a flying freehold property.
It varies from the lender to lender. Lloyds has different instructions for example to Nationwide. If you e-mail us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Old Malden. Conveyancing will be smoother if you use a solicitor in Old Malden especially if they are accustomed to such properties in Old Malden.
My partner has recommend that I instruct his lawyers for conveyancing in Old Malden. Should I use them?
Much as we are happy to recommend a Old Malden conveyancing lawyer the ideal way to choose a conveyancing lawyer is to seek guidance from friends or relatives who have used the conveyancer that you are contemplating using.