Should conveyancers request money on account when it comes to conveyancing in Totland?
Where you are retaining lawyers for conveyancing in Totland your solicitor will ask you put them with funds to cover the the cost of the conveyancing searches. This will be the total of the cost of the Local Authority Search. If any down payment is payable against the purchase price then this will be needed immediately before exchange of contracts. The closing balance that is needed should be transferred a couple of days prior to the completion date.
I am the sole recipient of my late father’s estate with all property in now in my sole name, including the house in Totland. Conveyancing formalities meant that the Land Registry date was in October. I want to move. I understand that there is a CML 6 month 'rule', meaning my proprietorship could be treated the same way as if I'd bought the house in October. Is the property unsalable for six months?
The CML handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. Most lenders would take a sensible view as this clause chiefly exists to capture subsales or the quick reselling of property.
Is it correct that all Totland CQS (Conveyancing Quality Scheme) solicitors are on the Nottingham conveyancing list of approved firms?
It is true that some banks and building societies now utilise the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
I have instructed a Totland property lawyer having checked that they are on the Bank of Ireland conveyancing panel. Does my lawyer arrange the survey of the property?
Bank of Ireland will need an independent valuation of the property. Your lawyer will not arrange this. Usually Bank of Ireland will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Totland postcode. As you are getting a mortgage with Bank of Ireland, you could contact them to see if they have a list of approved surveyors in Totland.
I require fast conveyancing in Totland as I am under a deadline to exchange contracts inside 4 weeks. Luckily I do not require a mortgage. Is it possible to avoid the conveyancing searches to save money and time?
As you are not getting a home loan you have the choice not to do searches although no lawyer would recommend that you don't. With lots of history conveyancing in Totland the following are instances of what can crop up and adversely affect future saleability: Enforcement Notices, Outstanding Fees, Outstanding Grants, Unadopted Roads,...
Are there restrictive covenants that are commonly picked up as part of conveyancing in Totland?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Totland. 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 completed on a house in Totland prior to retaining lawyers. I have been told that there is a flying freehold element to the house. The surveyor advised that some mortgage companies may refuse to give a loan on a flying freehold property.
It varies from the lender to lender. Bank of Scotland has different requirements from Halifax. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Totland. Conveyancing will be smoother if you use a solicitor in Totland especially if they regularly deal with such properties in Totland.
In my capacity as executor for the estate of my grandmother I am selling a residence in Cardiff but I am based in Totland. My conveyancer (approximately 250 kilometers awayneeds me to sign a statutory declaration prior to the transaction finalising. Can you recommend a conveyancing solicitor in Totland to attest and place their company stamp on the document?
strictly speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will be fine regardless of whether they are located in Totland