Our solicitor has discovered a a legal deficiency with the lease for the property we are buying in St Agnes. The other side have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer says that he must check that the mortgage company is willing to move forward with this solution. Are we the client or is the bank?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their requirements 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 lender are the client. The appropriate lender specifications must be adhered to.
What is the difference between a licensed conveyancer and conveyancing solicitor in St Agnes
There are many recorded licenced Conveyancers in St Agnes and Solicitor practices in St Agnes offering conveyancing We would stress that the two are supervised by regulatory bodies with both specialising in the legal work in transferring property. Both can conduct other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
My wife and I purchasing a terrace house in St Agnes. We would like to carry out an extension to the side at the house.Will the conveyancing process include enquiries to ascertain if these works were previously refused?
Your solicitor should review the deeds as conveyancing in St Agnes can on occasion identify restrictions in the title documents which prevent categories of alterations or necessitated the permission of a 3rd party. Some works call for local authority planning consent and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be sensible to check these issues with a surveyor before you commit yourself to a purchase.
I recently had an offer agreed on a house in St Agnes. My financial adviser pressured me to appoint their solicitor. I paid an upfront payment of £175. Not long after, the property lawyer called me to say that they were not on the Nottingham conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nottingham panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should my conveyancer be asking questions concerning flooding as part of the conveyancing in St Agnes.
The risk of flooding is if increasing concern for conveyancers carrying out conveyancing in St Agnes. There are those who buy a property in St Agnes, completely aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, but there are a number of checks that may be undertaken by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in St Agnes. The conventional set of information supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to determine whether the premises has suffered from flooding. If the residence has been flooded in past and is not notified by the seller, then a purchaser may bring a claim for damages stemming from an inaccurate answer. The buyer’s solicitors will also commission an enviro search. This should disclose whether there is any known flood risk. If so, additional investigations should be made.
Are there restrictive covenants that are commonly picked up as part of conveyancing in St Agnes?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in St Agnes. 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…’
In my capacity as executor for the estate of my aunt I am disposing of a residence in Swansea but I am based in St Agnes. My conveyancer (based 250 kilometers from merequires that I sign a stat dec ahead of the transaction finalising. Can you recommend a conveyancing practitioner in St Agnes to attest and place their company stamp on the document?
Technically speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are St Agnes based
Back In 2003, I bought a leasehold flat in St Agnes. Conveyancing and Virgin Money 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 1998. The conveyancing practitioner in St Agnes who previously acted has long since retired. Any advice?
First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. You do not need to instruct a St Agnes conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
St Agnes Leasehold Conveyancing - Examples of Queries before buying
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Be sure to enquire if the the lease includes any adverse restrictions in the lease. For example it is reasonably common in St Agnes leases that pets are not permitted in certain buildings in St Agnes. If you like the apartmentin St Agnes yet your dog can’t live with you then you will be faced hard choice. Does the lease have onerous restrictions? How is the lease structured?