My fiance and I are hoping to buy a house in Royal Tunbridge Wells and are in fact using a Royal Tunbridge Wells conveyancing firm. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. The Royal Bank of Scotland have this morning contacted us to inform me that there is now an issue as our Royal Tunbridge Wells solicitor is not on their approved list of lawyers. Please explain?
When purchasing a property with mortgage finance it is normal for the purchasers' lawyers to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Royal Tunbridge Wells lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
I purchased a freehold house in Royal Tunbridge Wells but nevertheless charged rent, why is this and what is this?
It is rare for properties in Royal Tunbridge Wells and has limited impact for conveyancing in Royal Tunbridge Wells 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 have existed for many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
I have a decision in principle. The bank mentioned the home loan came with free conveyancing. Is the implication that I have to instruct their panel solicitor as I would prefer to use a high street conveyancing solicitor in Royal Tunbridge Wells?
You should check but the chances are that give you one of their panel conveyancers where you accept the "fee-free" incentive. Contact the bank and check if they make available a monetary alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case that money can go towards your preferred conveyancing solicitor in Royal Tunbridge Wells.
A relative advised me that if I am purchasing in Royal Tunbridge Wells I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes quoted for as part of the standard Royal Tunbridge Wells conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about Royal Tunbridge Wells around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Royal Tunbridge Wells Education with maps and statistics, Local Amenities and other useful information concerning Royal Tunbridge Wells.
Due to the encouragement of my in-laws I had a survey completed on a house in Royal Tunbridge Wells ahead of retaining lawyers. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some banks tend refuse to issue a loan on this type of home.
It depends who your proposed lender is. Lloyds has different requirements from Birmingham Midshires. Should you wish to call us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Royal Tunbridge Wells. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Royal Tunbridge Wells to see if the conveyancing will be more expensive.
As co-executor for the estate of my father I am disposing of a property in Cardiff but reside in Royal Tunbridge Wells. My lawyer (who is 200 miles from mehas requested that I sign a statutory declaration prior to the transaction finalising. Can you recommend a conveyancing solicitor in Royal Tunbridge Wells to attest this legal document for me?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will suffice regardless of whether they are based in Royal Tunbridge Wells