Just been in touch with my conveyancing lawyer in Ashton under Lyne who acted for me 18 months ago and wanted a conveyancing estimate based on the same type of home move (a leasehold premises and a freehold property) of almost identical values with a loan from Skipton Building Society. I am now being charged double. Am I right to be tempted to shop around for a cheaper online firm of conveyancing solicitor?

The charges are a little high. Where you are happy to invest time scrutinising charges you might get the conveyancing a bit cheaper by say £125. On the other hand, providing that you were satisfied with the legal work the firm provided you mightcome to regret opting for an an untested conveyancer. Don't forget to ensure the solicitor can also act for Skipton Building Society. You can employ our search tool to find a Ashton under Lyne conveyancing firm on the Skipton Building Society member panel, which can often include conveyancing solicitors in Ashton under Lyne.

We are nearing an exchange on a property in Ashton under Lyne and my mum and dad have sent the ten percent deposit to my solicitor. I am now informed that as the deposit has not arrived from me my lawyer needs to disclose this to my bank. Apparently, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I disclosed to the mortgage company about my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to delay the deal?

The conveyancing practitioner is legally required to check with the bank to ensure that they know that the balance of the purchase price is not from your own funds. The solicitor can only notify this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.

I am the registered owner of a freehold premises in Ashton under Lyne yet pay rent, why is this and what is this?

It’s unusual for properties in Ashton under Lyne and has limited impact for conveyancing in Ashton under Lyne 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 hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

Will my conveyancing lawyers need to check that the building insurance when buying a house in Ashton under Lyne. My lender is The Mortgage Works

The Mortgage Works have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 26/4/2024, the requirements read as follows :

Should our solicitor be making enquiries about flooding during the conveyancing in Ashton under Lyne.

Flooding is a growing risk for lawyers conducting conveyancing in Ashton under Lyne. Plenty of people will buy a house in Ashton under Lyne, completely expectant that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Solicitors are not qualified to offer advice on flood risk, but there are a number of searches that may be carried out by the buyer or on a buyer’s behalf which can figure out the risks in Ashton under Lyne. The standard property information forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the owner to discover if the premises has suffered from flooding. If flooding has previously occurred which is not notified by the seller, then a purchaser may bring a claim for damages stemming from an incorrect answer. A purchaser’s solicitors should also carry out an enviro search. This should higlight if there is any known flood risk. If so, additional inquiries should be made.