My solicitor has uncovered a a problem with the lease for the apartment we are purchasing in Axmouth and Branscombe. The other side have offered title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancer says that he must ensure that the bank is willing to move forward with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Do I need to pop into the offices of the solicitor to sign the legal charge? If so, I will choose one who does conveyancing in Axmouth and Branscombe so that I can pop in to their offices if necessary.
Nowadays approved lawyers for mortgage companies undertake the vast majority of work through Royal Mail, internet or over phone calls. This enables them to conduct the conveyancing transaction regardless of where you live in England or Wales. However you should check if you have the option of attending the offices of your conveyancing lawyer if just in case this is required.
I am helping my aunt sell her flat in Axmouth and Branscombe. Does the solicitor order the EPC or it is for the seller to coordinate?
After the abolition of HIPs, energy assessments remained a mandatory part of selling a house. An energy assessment must be to hand prior to the property being placed on the market. It is not something that lawyers normally arrange. If you are instructing a Axmouth and Branscombe conveyancing practitioner they might help arrange energy assessments given their relationships with long established Axmouth and Branscombe energy assessors
Is it the case that all Axmouth and Branscombe solicitors on the UBS conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the UBS conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Many banks do permit licenced conveyancers on their panel in which case such firms would be regulated by the CLC.
I have paid off my mortgage with Barclays. I assume I don't need a Axmouth and Branscombe solicitor on the Barclays panel to remove the mortgage at the Land Registry. Am I right?
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
We are purchasing a property and the conveyancer has mentioned Chancel Repair to which the house may be obligated to pay given it’s proximity to the area of such a church. He has suggested insurance. Is this really necessary for conveyancing in Axmouth and Branscombe
Unless a prior purchase of the house completed after 12 October 2013 you may assume that lawyers handling conveyancing in Axmouth and Branscombe to remain recommending a chancel search and or insurance against a claim.
Are there restrictive covenants that are commonly picked up during conveyancing in Axmouth and Branscombe?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Axmouth and Branscombe. 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…’