My conveyancer has discovered a a problem with the lease for the apartment we are purchasing in Sandbanks. The seller’s lawyers have offered defective title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer says that he must be satisfied that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. These conveyancing instructions have to be complied with.
My mortgage company has suggested solicitors on their panel based in Sandbanks but I would rather instruct a conveyancing lawyer in Sandbanks local to me. Are you able to assist?
It is by no means the case that all Sandbanks conveyancing firms are on all banks conveyancing panel. Do make use of the above search tool to find a Sandbanks conveyancing conveyancer on the on the lender panel.
I have recentlybecome aware that Wolstenholmes have closed. They carried out my conveyancing in Sandbanks for a purchase of a leasehold apartment 12 months ago. How can I check that the property is not still registered in the name of the previous owner?
The quickest method to see if the property is in your name, 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 Sandbanks conveyancing specialists.
In my capacity as executor for the estate of my aunt I am disposing of a residence in Cardiff but live in Sandbanks. My solicitor (based 260 kilometers from mehas requested that I sign a stat dec before completion. Could you suggest a conveyancing practitioner in Sandbanks to witness this legal document for me?
Technically speaking you should not need to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will do regardless of whether they are Sandbanks based
Back In 2002, I bought a leasehold house in Sandbanks. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Sandbanks who acted for me is not around. Any advice?
First contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Sandbanks conveyancing solicitor to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Sandbanks Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
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It would be wise to find out if there are any onerous prohibitions in the lease. By way of example it is fairly common in Sandbanks leases that pets are not permitted in in a block in Sandbanks. If you like the flatin Sandbanks yet your dog is not allowed to make the move with you then you will be presented with a hard determination. Best to be warned whether window replacement or some other major work is anticipated that will be shared between the leaseholders and may well materially increase the the maintenance costs or require a one off invoice. Many Sandbanks leasehold properties will incur a service charge for maintenance of the building set by the management company. Should you buy the property you will have to meet this amount, usually periodically accross the year. This could differ from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all likelihood there will be a ground rent for you to pay yearly, normally this is not a significant sum, say about £25-£75 but you should to check it because occasionally it could be surprisingly expensive.
Much to my surprise my conveyancer in Sandbanks is asking me for personal identification documents asserting that this is part of his retainer as a solicitor on the lender Solicitor panel. This is news to me - can I refuse?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the bank. This is not specific to conveyancing in Sandbanks