Me and my partner are buying a 2 bedroom flat in Skipton with a mortgage. We like our Skipton conveyancer, but the bank advise she’s not on their "panel". We have to appoint one of the bank panel conveyancing practices or retain our Skipton property lawyer as well as pay for one of their panel ones to represent them. This seems very unfair; are we not able to require that the bank use our Skipton property lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose 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 Skipton conveyancing lawyer to apply to be on the conveyancing panel.
Are the Skipton conveyancing solicitors identified as being on the Santander conveyancing panel, together with their details provided by Santander?
Skipton conveyancing firms themselves provide us confirmation that they are on the Santander conveyancing panel as opposed to being supplied with a list from Santander directly.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Nottingham Conveyancing panel ahead of completing my conveyancing in Skipton?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
A relative suggested that where I am buying in Skipton I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes included in the estimate for your Skipton conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Skipton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Skipton Education with plans and statistics, Local Amenities and other useful information regarding Skipton.
Are there restrictive covenants that are commonly identified during conveyancing in Skipton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Skipton. 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…’
What advice can you give us when it comes to choosing a Skipton conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Skipton conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with two or three firms including non Skipton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be useful:
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Can they put you in touch with clients in Skipton who can give a testimonial?
I bought a split level flat in Skipton, conveyancing formalities finalised half a dozen years ago. Can you work out an approximate cost of a lease extension? Equivalent flats in Skipton with over 90 years remaining are worth £211,000. The average or mid-range amount of ground rent is £45 levied per year. The lease finishes on 21st October 2093
With just 67 years left to run the likely cost is going to range between £10,500 and £12,000 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before getting professional advice.