Do the Building Society Association intend to launch a online directory to to identify law firms on the Coventry BS conveyancing panel for example in South Hornchurch?
We would not expect to be advised of any intention on the part of the BSA to develop such a register.
We had appointed solicitors located in South Hornchurch on the Barclays solicitor approved list. They have just billed me an additional sum for handling the Barclays mortgage. Is this an additional conveyancing fee set by Barclays?
As unfair as it may seem, as long as it’s in their Terms of Engagement or estimate then yes your lawyer may levy a fee for this. The fee is not set by Barclays but by your South Hornchurch property lawyer. Some firms on the Barclays panel will levy ’dealing with mortgage’ fee and others do not.
I am buying a property in South Hornchurch. A rare aspect is that the roof has a solar panel. Clydesdale have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Clydesdale your lawyer must comply with the formal requirements outlined in Section 2 of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook contains minimum conditions for solar panel roof-space leases, and conveyancing practitioners are required to report to Clydesdale where a lease does not comply with these provisions. The provisions relate to the installation of panels on properties in England and Wales and is not restricted to South Hornchurch.
I have today made my last payment due on my mortgage with Kent Reliance. I assume I don't need a South Hornchurch lawyer on the Kent Reliance panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Kent Reliance mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Kent Reliance mortgage from the register. Kent Reliance, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Kent Reliance has sent the Land Registry the discharge electronically, and
- Kent Reliance has instructed the Land Registry to do so
Will our solicitor be asking questions about flooding as part of the conveyancing in South Hornchurch.
The risk of flooding is if increasing concern for conveyancers dealing with homes in South Hornchurch. There are those who acquire a property in South Hornchurch, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, however there are a various searches that can be carried out by the buyer or by their lawyers which should figure out the risks in South Hornchurch. The conventional set of property information forms given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to find out whether the property has ever been flooded. In the event that the premises has been flooded in past and is not disclosed by the vendor, then a buyer may issue a claim for damages resulting from an incorrect answer. The purchaser’s conveyancers may also order an environmental search. This should disclose if there is any known flood risk. If so, more detailed investigations will need to be carried out.
Are there restrictive covenants that are commonly picked up during conveyancing in South Hornchurch?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in South Hornchurch. 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…’
I opted to have a survey done on a property in South Hornchurch ahead of appointing lawyers. I have been told that there is a flying freehold element to the property. Our surveyor has said that some mortgage companies may not issue a loan on such a property.
It depends who your proposed lender is. Lloyds has different requirements from Halifax. Should you wish to telephone us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in South Hornchurch. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in South Hornchurch to see if the conveyancing costs will increase in light of this.
If all goes to plan we aim to complete our sale of a £300,000 garden flat in South Hornchurch next week. The freeholder has quoted £384 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in South Hornchurch?
South Hornchurch conveyancing on leasehold flats usually results in fees being levied by landlords agents :
-
Addressing pre-exchange enquiries
Where consent is required before sale in South Hornchurch
Supplying insurance information
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Notwithstanding our best endeavours, we have been unsuccessful in negotiating a lease extension in South Hornchurch. Can the Leasehold Valuation Tribunal adjudicate on premiums?
You certainly can. We can put you in touch with a South Hornchurch conveyancing firm who can help.
An example of a Lease Extension decision for a South Hornchurch flat is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case affected 1 flat. The unexpired term was 57.5 years.