Am I correct in assuming that the fact that my conveyancer in Staffordshire is not identified on my mortgage company's solicitor panel that there is a problem with the quality of his conveyancing?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Staffordshire conveyancing firm and ask them why they are no longer on the approved list for your lender.
I require conveyancing for an apartment in a relatively new development (6 years built) in Staffordshire. 95% of the properties have already been occupied. Is it really necessary to order conveyancing searches for my conveyancing in Staffordshire?
If you are purchasing a property with the assistance of a mortgage, your lender will insist on some (many) of the searches so you'll have no choice. If not, then Staffordshire conveyancing searches are optional. Your solicitor, will ’encourage’, perhaps in the strongest possible terms, that you should not go ahead without searches, but he or she is duty bound in this regard. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you choose to instruct your lawyer to proceed without searches then your lawyer will have to follow your instructions or you will need to switch to another solicitor for your conveyancing in Staffordshire.
As a FTB what is the most important piece of guidance you can give me regarding purchase conveyancing in Staffordshire?
You may not hear this from too many lawyers but conveyancing in Staffordshire or throughout England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there is an abundance of opportunity for conflict between you and other parties involved in the legal transfer of property. For instance, the seller, estate agent and even potentially your bank. Selecting a lawyer for your conveyancing in Staffordshire an important selection as your conveyancer is your adviser, and is the ONE person in the process whose interest is to act in your best interests and to protect you.
On occasion a potential adversary will try and persuade you that you should follow their advice. For instance, the estate agent may claim to be helping by claiming that your solicitor is wrong. Or your mortgage broker may tell you to do something that is contrary to your lawyers guidance. You should always trust your lawyer above all other parties in the conveyancing process.
My colleague recommended that if I am buying in Staffordshire I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is sometimes quoted for as part of the standard Staffordshire conveyancing searches. It is a large report of about 40 pages, listing and setting out important information about Staffordshire 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 House Prices, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful information regarding Staffordshire.
I opted to have a survey done on a house in Staffordshire before retaining lawyers. I have been advised that there is a flying freehold element to the house. My surveyor advised that some mortgage companies tend refuse to give a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions from Nationwide. If you e-mail us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Staffordshire. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Staffordshire to see if the conveyancing costs will increase in light of this.
I am on look out for some leasehold conveyancing in Staffordshire. Before I get started I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and 99.9% are in Staffordshire - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Leasehold Conveyancing in Staffordshire - Sample of Questions you should consider Prior to Purchasing
-
Its a good idea to find out as much as possible about the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the upkeep of the common parts. Ask other people whether they are happy with them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money. Are there any major works in the near future that will add a premium to the service costs? Is the freehold owned collectively by the leaseholders?