I am getting a offer of a home loan from Halifax. I intend to employ the services of a Licensed Conveyancer in Orpington. Does the Halifax Conveyancing panel allow for conveyancers regulated by the CLC?
The Halifax approved solicitor list is, like many other lenders, represented by the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
I purchased a freehold premises in Orpington but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Orpington and has limited impact for conveyancing in Orpington but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
I used Stirling Law a few years ago for my conveyancing in Orpington. I now require my file but the law firm has closed. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Orpington of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Orpington differ for new build properties?
Most buyers of new build property in Orpington contact us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is constructed. This is because house builders in Orpington typically purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Orpington or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a property in Orpington ahead of instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some mortgage companies will not grant a mortgage on a flying freehold home.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Orpington. Conveyancing may be slightly more expensive based on your lender's requirements.
Am I right to be wary about 3rd parties that I am dealing with are encouraging me to use an online conveyancing firm as opposed to a High Street Orpington conveyancing practice?
As is the case with many professional services, often referrals from connections can be very helpful. Yet there are lots of players in a conveyancing matter; estate agents, mortgage brokers and lenders might all suggest conveyancers to appoint. Sometimes the lawyers might be known to one of the organisations as one of the best in their field, but sometimes there behind the scenes financial incentive behind the endorsement. You have the right to select your preferred lawyer. Don't forget that some lenders operate an approved list of law firms you are obliged to use for the mortgage related work in your conveyancing.