Me and my partner are buying a 1 bedroom flat in Street with a mortgage. We have a Street lawyer, however the bank says he's not on their "panel". We have to appoint one of the bank panel firms or continue with our Street solicitor as well as pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
No, not really. 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 Street conveyancing solicitor to apply to be on the conveyancing panel.
Will my solicitor be asking questions about flooding as part of the conveyancing in Street.
The risk of flooding is if increasing concern for lawyers dealing with homes in Street. Plenty of people will purchase a property in Street, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to impart advice on flood risk, however there are a various checks that may be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Street. The standard completed inquiry forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the vendor to discover whether the premises has suffered from flooding. If the property has been flooded in past and is not notified by the seller, then a purchaser could commence a legal claim for losses resulting from an misleading response. The buyer’s solicitors may also order an environmental search. This should higlight if there is any known flood risk. If so, more detailed inquiries will need to be conducted.
Despite weeks of looking the Title Certificate and documents to our home are lost. The conveyancers who dealt with the conveyancing in Street 5 years ago no longer exist. What do I do?
As long as the title is registered the details of your proprietorship will be recorded by the Land Registry under a Title Number. It is possible to conduct a search at the Land Registry, locate your house and secure up to date copies of the property title for a small fee. If the property is Leasehold then the Land Registry will in most cases retain a file copy of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
Just had an offer accepted on a new build apartment in Street. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Street
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
In what way can the Landlord & Tenant Act 1954 affect my commercial offices in Street and how can you help?
The 1954 Act gives security of tenure to business lessees, giving them the dueness to make a request to court for a continuation of occupancy when the lease reaches an end. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Street is one of our many locations in which our lawyers are based
In my capacity as executor for the will of my grandmother I am selling a residence in Monmouth but reside in Street. My solicitor (based 260 miles awayneeds me to execute a statutory declaration prior to completion. Could you suggest a conveyancing lawyer in Street who can attest this legal document for me?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are located in Street