I am in the process of mortgaging my apartment in Birmingham, does my lawyer have to be on the Solicitor panel?
In theory, you could use a solicitor that is not on the conveyancing panel, but would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
My wife and I buying a 3 bedroom semi in Birmingham. Our aim is to carry out an extension to the side at the house.Will legal conveyancing on the property involve enquiries to determine if these alterations are allowed?
Your conveyancer should review the deeds as conveyancing in Birmingham will on occasion identify restrictions in the title documents which prevent certain changes or require the permission of a 3rd party. Some works call for local authority planning permissions and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
is it true that all Birmingham conveyancing solicitors on the conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the approved list of solicitors they would need to be overseen by the SRA. Many mortgage companies do permit licenced conveyancers on their panel in which case such practice would be governed by the Council of Licensed Conveyancers.
We expect to receive a AIP from this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do recommend any Birmingham solicitors on the conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Birmingham solicitors independently although you'll need to choose one on the conveyancing panel. The solicitor represents both you and through the process.
My colleague recommended that if I am purchasing in Birmingham I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is occasionally quoted for as part of the standard Birmingham conveyancing searches. It is a large report of about 40 pages, listing and setting out significant information about Birmingham around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with plans and statistics, Local Amenities and other useful data regarding Birmingham.
I decided to have a survey carried out on a house in Birmingham ahead of appointing conveyancers. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some mortgage companies tend not issue a mortgage on a flying freehold house.
It depends who your proposed lender is. Lloyds has different instructions from Birmingham Midshires. If you call us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Birmingham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Birmingham to see if the conveyancing will be more expensive.
Do I need to be wary by estate agents that I am dealing with are suggesting a national conveyancing firm rather than a High Street Birmingham conveyancing company?
As is the case with many service providers, often suggestions from family and friends can be most helpful. Yet there are lots of players in a conveyancing transaction; estate agents, financial adviser and banks may put forward solicitors to choose. On occasion the solicitors might be known to one of the organisations as one of the best in their field, but occasionally there behind the scenes commercial relationship behind the endorsement. You have the discretion to choose your own lawyer. However, bear in mind that the majority of mortgage providers have an approved list of lawyers you must use for the lender aspect of your transaction.