Some advice if I may. My Bedford lawyer is advising me that he is legally obliged toorder Bedford conveyancing searches becausethe firm are on the Lloydsconveyancing panel. Is my solicitor right?
Unfortunately both you and your lawyer have little choice here. As you are taking a home loan with a bank your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Bedford conveyancing searches.
My uncle passed away last year and as sole heir and executor I was left the house in Bedford. The house had a small mortgage left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this possible?
If you intend to re-mortgage then Barclays will require that you use a conveyancer on the Barclays conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Barclays conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Barclays mortgage is registered as a charge at the Land Registry.
Are there restrictive covenants that are commonly identified as part of conveyancing in Bedford?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Bedford. 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…’
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Bedford is the location of the property. What do you suggest?
Flying freeholds in Bedford are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bedford you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bedford may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Been reading online that Bedford solicitors are more costly than Bedford conveyancers in Bedford when it comes to buying a property. Am I better off using a conveyancer or a solicitor where I am buying a house in Bedford.
When it comes to conveyancing in Bedford the costs are unlikely to vary dramatically depending on whether the legal expert is a licenced conveyancer or solicitor.