We are purchasing a 1 bedroom flat in Turvey with a mortgage. We like our Turvey lawyer, however the lender says he's not on their "panel". We have to appoint one of the bank panel solicitors or keep our Turvey lawyer and pay for one of their panel ones to represent them. This feels very unfair; is there anything we can do?
No, not really. The mortgage offered to you 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 Turvey conveyancing solicitor to apply to be on the conveyancing panel.
It is 10 years ago since I bought my property in Turvey. Conveyancing solicitors have now been instructed on the sale but I can't find my title documents. Is this a major issue?
Don’t worry too much. Firstly the deeds may be retained by the mortgage company or they may be in the possession of the lawyers who oversaw the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Turvey involves registered property but in the unlikely event that your property is not registered it is more tricky but is not insurmountable.
What can a local search reveal concerning the house my wife and I purchasing in Turvey?
Turvey conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search company for example Xpress Legal The local search is essential in every Turvey conveyancing purchase; as long as you don’t want any nasty surprises after you move into your new home. The search should supply information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.
How does conveyancing in Turvey differ for newly converted properties?
Most buyers of new build premises in Turvey approach us having been asked by the seller to sign contracts and commit to the purchase even before the property is constructed. This is because new home sellers in Turvey tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Turvey or who has acted in the same development.
Due to the input of my in-laws I had a survey completed on a house in Turvey prior to retaining conveyancers. I have been informed that there is a flying freehold overhang to the house. Our surveyor advised that some lenders will refuse to give a mortgage on this type of house.
It depends who your proposed lender is. HSBC has different instructions for example to Birmingham Midshires. If you contact us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Turvey. Conveyancing may be slightly more expensive based on your lender's requirements.
Last July I purchased a leasehold flat in Turvey. Am I liable to pay service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Turvey Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
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How many of the leaseholders are in arrears for their maintenance charge payments? Make sure you discover if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Turvey. If you love the flatin Turvey however your cat can’t move with you then you will be presented with a hard choice. Who are the managing agents?