Is the fact that my solicitor in Yarmouth is not listed on my lender's solicitor panel that there is a problem with the standard of her work?
That would most likely be an incorrect assumption to make. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Yarmouth conveyancing practice and enquire why they are no longer on the approved list for your lender.
I am the registered owner of a freehold property in Yarmouth yet charged rent, why is this and what is this?
It is rare for properties in Yarmouth and has limited impact for conveyancing in Yarmouth but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
My Conveyancer in Yarmouth is not on the Yorkshire Building Society Solicitor Panel. Can I still continue with my prefered solicitor even though they are excluded from the Yorkshire Building Society panel of approved conveyancing solicitors?
Your options are as follows:
- Complete the purchase with your existing Yarmouth solicitors but Yorkshire Building Society will need to retain a lawyer on their list of acceptable firms. This will inevitably rack up the overall conveyancing charges as well as cause frustration.
- Get a new practitioner to act in the purchase, obviously checking they are Yorkshire Building Society approved.
- Try to convince your Yorkshire Building Society based solicitor to seek to join the Yorkshire Building Society panel
What can a local search tell me regarding the property my wife and I buying in Yarmouth?
Yarmouth conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search company such as Onsearch The local search is essential in every Yarmouth conveyancing purchase; that is if you don’t want any nasty surprises after you move into your new home. The search should provide data 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 subject areas.
Do you have any advice for leasehold conveyancing in Yarmouth with the purpose of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Yarmouth can be reduced if you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers’ lawyers. If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unresolved. If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Yarmouth leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord approving such changes. If you fail to have the paperwork to hand do not contact the landlord without contacting your lawyer in the first instance. If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Arranging a re-issued share certificate is often a lengthy process and slows down many a Yarmouth conveyancing deal. Where a duplicate share certificate is needed, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.
Yarmouth Leasehold Conveyancing - Sample of Queries Prior to buying
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How long is the Lease? What restrictions are contained in the Yarmouth Lease?
I pay a maintenance contribution for my first floor flat in Yarmouth. Due to redundancy and personal issues I fell into arrears with remittance. I negotiated a settlement plan but there remains about £2000 currently outstanding.
I want to dispose of the property and I am worried this may hold me back if I have to pay off the arrears first. I'd like to sell up and then pay them back with the proceeds - is this viable?
Your solicitor should be in a position to negotiate with the appropriate parties, with a new to seeing if they would accept payment from completion monies. This is an example of why it is sensible to appoint a lawyer in Yarmouth as they may well enjoy an established relationship with the management company.