My conveyancer has identified a defect with the lease for the property we are purchasing in Sale. The seller’s lawyers have offered title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must be satisfied that the mortgage company is content 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 mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company 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 conveyancing practitioner will have no choice but to discontinue acting for you.
we are a couple who intend to purchase a 2 bedroom flat in Sale with a homeloan from Halifax.We use our Sale conveyancing lawyer but Halifax informed us she’s not listed on their approved list of member firms. We have to appoint a Halifax panel solicitor or retain our high street solicitor and fork out for a Halifax panel lawyer to represent them. We feel as though this is unjust; Can we not simply insist that Halifax use our lawyer?
No, not really. The loan issued to you contains various provisions, a common one being that conveyancers must be on the Halifax conveyancing panel. Until recently, most banks had large numbers of solicitors on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Halifax
My wife and I own a semi-detached Georgian property in Sale. Conveyancing lawyer represented me and Yorkshire Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold with the matching address. I'd like to know for sure, how can I find out??
You should read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Sale and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with the conveyancing solicitor who conducted the conveyancing.
Just had an offer accepted on a new build apartment in Sale. Conveyancing is necessary evil 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 conveyancing.
Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Sale
-
Please confirm the Lease plans are surveyor prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. There must be mutual enforceability of lessee’s covenants. 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.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a quick, no chain conveyancing. Sale is the location of the property. Can you shed any light on this issue?
Flying freeholds in Sale are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Sale you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Sale may ascertain 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.
I am selling my house. My past solicitors have shut. I am in need of a recommendation of a conveyancing firm. Im based in Sale if that makes things easier.
Please use our search tool to help you find a solicitor for your conveyancing in Sale. We have connected thousands of home buyers and sellers with regulated solicitors to ensure that the legalities of their house move runs with a minimum of fuss.