Our conveyancer has identified a defect with the lease for the flat we are buying in Widnes. The seller’s lawyers have suggested title insurance as a workaround. We are content with insurance and will cover the costs. Our solicitor has advised that he must be satisfied that the bank is willing to move forward with this solution. Who is the client here, us or the lender?
Regardless of the fact 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 conditions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
Should my conveyancer be making enquiries about flooding as part of the conveyancing in Widnes.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Widnes. There are those who purchase a property in Widnes, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not qualified to give advice on flood risk, but there are a numerous checks that can be undertaken by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Widnes. The conventional set of information supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to find out if the premises has suffered from flooding. In the event that flooding has previously occurred and is not notified by the vendor, then a buyer could issue a legal claim for losses stemming from an misleading response. The purchaser’s conveyancers should also order an environmental report. This will reveal whether there is any known flood risk. If so, more detailed inquiries should be initiated.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Widnes?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Widnes. 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 advice of my in-laws I had a survey completed on a house in Widnes before instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some banks may not grant a mortgage on a flying freehold house.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you contact us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Widnes. Conveyancing may be slightly more expensive based on your lender's requirements.
Hoping to buy a property located in Widnes and I am already nervous. I couldn't find anything specific about Widnes. Conveyancing will be needed in due course but do you know about the Widnes area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Widnes. In the meantime here are some basic statistics that we found
Am I best advised to use a Widnes conveyancing solicitor who is local to the property I am hoping to buy? We have a good friend who can carry out the legal formalities however his firm is located over three hundred kilometers drive away.
The primary upside of using a local Widnes conveyancing practice is that you can pop in to sign documents, deliver your identification documents and apply pressure on them where appropriate. They will also have local knowledge which is a bonus. However nothing is more important than finding someone that will pull out all the stops for you. If if people you trust instructed your friend and on the whole were content that must outweigh using an unknown Widnes conveyancing lawyer just because they are local.