My fiance and I are intent on acquiring a ground floor flat in Sutton. My Conveyancer is not listed on the lender solicitor list. Is it possible for me to use my Sutton conveyancing solicitor even though they are excluded from the mortgage company panel of approved conveyancing solicitors?
You must have a conveyancing practitioner to deal with the legal work required when you need a loan to buy your property. The conveyancing practitioner will carry out all the essential due diligence on the property, make sure that you will be registered as proprietor and ensure that all the required mortgage paperwork is dealt with. One could select a Sutton lawyer of your choice. However, if the conveyancing practitioner selected is not a member of the mortgage company approved list further charges will arise as separate legal representation will be required by them. Bank panel applications can be submitted, so if your conveyancer has not historically sought membership they can do so.
Completed the sale of my flat in Sutton last August but the buyer keeps Skype messaging me to say their conveyancer is waiting to hear from mylawyer. What should have happened following completion?
After completion of your sale your solicitor should forward the transfer deeds and all supplemental paperwork to the buyer’s solicitors. Depending on the transaction, your solicitor should also send confirmation that the mortgage has been discharged to the purchasers lawyers. There are no post completion steps unique to conveyancing in Sutton.
My friend recommended that where I am purchasing in Sutton I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually included in the estimate for your Sutton conveyancing searches. It is a large report of about 40 pages, listing and detailing significant information about Sutton around the property and the people living there. It includes 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 data regarding Sutton.
Are there restrictive covenants that are commonly picked up during conveyancing in Sutton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Sutton. 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…’
Due to the encouragement of my in-laws I had a survey completed on a property in Sutton before appointing lawyers. I have been advised that there is a flying freehold aspect to the house. The surveyor has said that some mortgage companies may refuse to give a mortgage on a flying freehold premises.
It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. Should you wish to call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sutton. Conveyancing will be smoother if you use a solicitor in Sutton especially if they are acquainted with such properties in Sutton.
I am an executor of my recently deceased parent's Will, with a bungalow in Sutton which will be sold. The house is unregistered at the Land Registry and I'm told that many buyers solicitors will insist that it is completed before they will proceed. What's the procedure for this?
In the situation you refer to it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.