Our conveyancer has discovered a defect with the lease for the property we are buying in Osterley Park. The other side have offered defective title insurance as a solution. We are content with insurance and will cover the costs. Our solicitor says that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your conveyancer 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 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 solicitor will have no choice but to discontinue acting for you.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Osterley Park?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Osterley Park. 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…’
Due to the encouragement of my in-laws I had a survey completed on a property in Osterley Park in advance of retaining conveyancers. I have been informed that there is a flying freehold element to the house. Our surveyor has said that some mortgage companies will not issue a loan on this type of property.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. If you contact us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Osterley Park. Conveyancing will be smoother if you use a solicitor in Osterley Park especially if they regularly deal with such properties in Osterley Park.
Is it possible to transfer to a new solicitor as I need to choose one who is on the Birmingham Midshires conveyancing list. I was using a local conveyancing solicitor in Osterley Park five minutes from me but the firm is not accepted by Birmingham Midshires
We will our best to assist in finding you a conveyancing solicitor in Osterley Park on the Birmingham Midshires panel. Please note that the law firms that we work with do not pay us fee if you instruct them and are under regulation of the Solicitors Regulation Authority who oversee all conveyancing solicitors in Osterley Park. Using the find a conveyancing solicitor tool on this site, you can compare fees for conveyancing solicitors in Osterley Park and beyond.
As co-executor for the estate of my aunt I am selling a property in Swansea but live in Osterley Park. My conveyancer (who is 250 miles from merequires that I sign a stat dec prior to completion. Can you recommend a conveyancing lawyer in Osterley Park who can witness this legal document for me?
strictly speaking you should not be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are Osterley Park based
Our mortgage broker has recommended their lawyer for the conveyancing in Osterley Park - won’t it be advisable to just instruct them?
This is not necessarily the case and you are entitled to use whichever conveyancing practitioner of your choosing for your Osterley Park home move. The property lawyer suggested by a 3rd party adviser may not always be the best lawyer, they may recommend their preferred conveyancing firm who are based remotely. In this instance you may not have contact with your lawyer and due to the lack of continuity in the transaction, it may be difficult to obtain progress reports.