Our solicitor has uncovered a a problem with the lease for the apartment we are purchasing in Westcliff On Sea. The seller’s lawyers have put forward title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor says that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the lender?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their requirements 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 bank are the client. The appropriate lender specifications have to be complied with.
I am thinking of refinancing my property in Westcliff On Sea, does my lawyer have to be on the Skipton Conveyancing panel?
In theory, you could use a solicitor that is not on the Skipton conveyancing panel, but Skipton would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
My friend recommended that where I am purchasing in Westcliff On Sea I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is usually included in the estimate for your Westcliff On Sea conveyancing searches. It is not a small report of more than thirty pages, listing and detailing significant information about Westcliff On Sea around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Westcliff On Sea Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with plans and statistics, Local Amenities and other useful data regarding Westcliff On Sea.
Are there restrictive covenants that are commonly identified as part of conveyancing in Westcliff On Sea?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Westcliff On Sea. 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 guidance of my in-laws I had a survey completed on a house in Westcliff On Sea prior to instructing conveyancers. I have been advised that there is a flying freehold aspect to the house. The surveyor has said that some lenders will refuse to give a mortgage on such a premises.
It depends who your proposed lender is. HSBC has different instructions from Halifax. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Westcliff On Sea. Conveyancing may be slightly more expensive based on your lender's requirements.
I'm converting the mortgage on my current house to a BTL mortgage with Nationwide Building Society and intend to use the remaining equity as a down payment on a second property. The location we are looking at is Westcliff On Sea. Will your solicitors be able to act for the two mortgage companies and tie in the two deals?
Make use of our comparison tool on this page to be sure that the conveyancers are on the appropriate lender panels. Having checked that they are your solicitor should be able to simultaneously deal with the two conveyancing matters but you should talk with you lawyer and specify your desired outcome and requirements.