I am expecting a mortgage offer from Santander. I intend to employ the services of a Licensed Conveyancer in Sands End. Does the Santander Solicitor panel include conveyancers regulated by the CLC?
The Santander conveyancing panel is, like many other lenders, represented by the CML or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
My son is about to exchange on a new build apartment in Sands End with a home loan from Principality. His solicitor has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The document is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Principality conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Principality conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I have a decision in principle. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to appoint their panel lawyer as I would much rather instruct a Sands End based conveyancing firm?
You should check but the the likelihood is that appoint one of their panel lawyers if you want the "fee-free" incentive. Call the mortgage company to determine if they allow a cash alternative. It is not unheard for a lender to give a £250 cashback as an alternative in which case that money can go towards the cost for your conveyancing solicitor in Sands End.
We are intent on selling our house in Sands End and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local lawyer would know this is not the case. For the life of me I don't know why the buyers used a national conveyancing firm rather than a conveyancing solicitor in Sands End. We have lived in Sands End for 5 years we know that this is a non issue. Do we get in touch with our local Authority to seek confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor currently acting for you. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
There are only Sixty One years unexpired on my lease in Sands End. I now want to extend my lease but my freeholder is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the landlord. For most situations an enquiry agent should be useful to carry out a search and to produce an expert document to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Sands End.
I have had difficulty in trying to purchase the freehold in Sands End. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a absentee landlord or if there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to assess the price.
An example of a Freehold Enfranchisement matter before the tribunal for a Sands End flat is 29 Sisters Avenue in April 2013. The Tribunal camme to the conclusion that the entire freehold should be transferred by the landlord to the nominee purchaser. The price to be paid was the sum of £53,527. This had been arrived at by applying a deferment rate of 5.25% to the freehold reversion and relativity of 95.4% to the leasehold values. This case related to 4 flats. The unexpired residue of the current lease was 85.78 years.
My mother purchased her house in Sands End Six years past. She has since got married, divorced and has recently married again. She now wants to dispose of the Sands End property. I suspect that she will simply be need to supply copies of the marriage certificates to the conveyancing practitioner but she is concerned it could frustrate the sale of the property. Should she appoint a conveyancer to update the land title information for the property?
You are not required to bring up to date the register as long as you have the evidence required to show how the change of name has come about.
The purchaser’s conveyancing practitioner should check the registered entries and require evidence by way of proof of the name change for example marriage documentation.