Our conveyancer has identified a defect with the lease for the flat we are purchasing in Werrington. The seller’s lawyers have suggested title insurance as a solution. We are content with insurance and will pay for it. Our solicitor has advised that he must ensure that the lender is happy with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. The appropriate lender requirements must be adhered to.
We're in Werrington, FTBs purchasing with a mortgage (lender is Kent Reliance , and our lawyer is on the Kent Reliance conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Kent Reliance conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
What will a local search reveal regarding the property we're purchasing in Werrington?
Werrington conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search organisations such as Onsearch The local search is essential in every Werrington conveyancing purchase; as long as you don’t want any unpleasant once you have moved into your new home. The search will provide information on, amongst other things, details on planning applications relevant 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 13 topic areas.
I moved into my flat on 2 March and my personal details is not yet on the land registry website. Any reason for this? My conveyancing solicitor in Werrington said it would be formalised in a couple of weeks. Are properties in Werrington particularly slow to register?
There is nothing unique when it comes to conveyancing in Werrington registration formalities. Rather than based on location, timeframes can differ depending on the party submitting the application, whether it is in order and whether the Land registry need to notify any 3rd persons or bodies. As of today in the region of three quarters of submission are fully addressed in less than three weeks but some can be subject to protracted delays. Registration is effected after the buyer has moved in to the property thus an expedited registration is not typically top priority yet where it is urgent that the the registration takes place urgently then you or your conveyancer could communicate with the Registry to express the reasoning for an expedited registration.
I decided to have a survey done on a house in Werrington ahead of retaining conveyancers. I have been told that there is a flying freehold overhang to the house. My surveyor has said that some banks may not issue a mortgage on this type of home.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. If you contact 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 Werrington. Conveyancing may be slightly more expensive based on your lender's requirements.
I am an executor of my recently deceased aunt’s Will, with a house in Werrington which is to be sold. The property is unregistered at the Land Registry and I'm advised that many purchasers will insist that it is in place before they'll move forward. What's the mechanism for this?
In the situation that you have set out it seems sensible to seek 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 certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.