Me and my partner are purchasing a 3 bedroom flat in Ashbourne with a mortgage. We have a Ashbourne conveyancer, but the bank says she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Ashbourne lawyer and pay for one of their panel lawyers to act for them. This seems very unfair; are we not able to demand that the lender use our Ashbourne lawyer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Ashbourne conveyancing solicitor to apply to be on the conveyancing panel.
I am buying a property in Ashbourne. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?
As your lender is Leeds Building Society your lawyer must comply with the formal instructions contained in Part 2 of UK Finance Lenders’ Handbook for Leeds Building Society. The Council of Mortgage Lenders’ Handbook contains minimum requirements for solar panel roof-space leases, and property lawyers are required to report to Leeds Building Society where a lease does not meet these specifications. The requirements relate to the installation of panels on properties nationwide and is not restricted to Ashbourne.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Ashbourne conveyancing practitioner on the Aldermore panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore 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 Aldermore mortgage from the register. Aldermore, 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 Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Ashbourne off the council. I have a mortgage offer with UBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
What does a local search reveal concerning the property we're purchasing in Ashbourne?
Ashbourne conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search company for example Onsearch The local search is essential in every Ashbourne conveyancing purchase; that is if you don’t want any unpleasant surprises after you move into your new home. The search should supply data on, amongst other things, details on planning applications applicable to the premises (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 headings.
Are there restrictive covenants that are commonly identified as part of conveyancing in Ashbourne?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Ashbourne. 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…’
Over the last few months I have been searching for a flat up to £245,000 and found one close by in Ashbourne I like with a park and railway links in the vicinity, however it only has 61 years unexpired on the lease. There is not much else in Ashbourne suitable, so just wondered if I would be making a grave error buying a short lease?
Should you need a mortgage the remaining unexpired lease term will be problematic. Reduce the price by the anticipated lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of 2 years you may request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this.