We are buying our first house. Our conveyancer has calledto enquire if we want to take out supplemental conveyancing searches. Frankly we in the dark as to what's appropriate for conveyancing in Ash
The scope of Ash conveyancing searches depends entirely on the premises, the location, the likelihood of any of these risks, your familiarity of the region and risks, your overall appetite to risk. What is important is that you properly comprehend what information the searches could provide. Then you can make a decision if you consider that you need that information. Where you are uncertain, ask your conveyancer to explain.
What happens if my lawyer’s firm is expelled from the Kent Reliance Conveyancing panel ahead of completing my conveyancing in Ash?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
is it true that all Ash solicitor firms on the Principality conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Principality conveyancing panel they would need to be regulated by the SRA. The majority of lenders do list licenced conveyancers on their panel and in such a situation the firms would be overseen by the CLC.
I have paid off my mortgage with Barclays. I assume I don't need a Ash conveyancing practitioner on the Barclays panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
I have a mortgage with HSBC for my property in Ash. Conveyancing has been completed 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform HSBC?
HSBC must be informed of your intention in advance of letting out your property as this is likely to be a breach of HSBC’s mortgage conditions. It may be that HSBC will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact HSBC directly. It should not be necessary to do this via a HSBC conveyancing panel solicitor.
Are there restrictive covenants that are commonly identified as part of conveyancing in Ash?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Ash. 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…’
What is the difference between surveying and conveyancing in Ash?
Conveyancing - in Ash or anywhere in England and Wales - is the process of legally transferring legal title of property from one person to another. It therefore includes the checking of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you’re intending to buy and will help you find out about the condition of the building and, if there are problems, give you leverage for negotiating the buying price down or asking the vendor to remedy the defects before you move in.