The Botley conveyancing firm handling our Botley conveyancing has identified a discrepancy when comparing the information in the valuation survey and what is in the legal papers for the property. My solicitor informs me that he is duty bound to check that the lender is happy with this discrepancy and is still content to lend. Is my conveyancer’s course or action right?
Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
I am helping my sister sell her property in Botley. Will the conveyancer order the EPC or should I organise this?
Following the abolition of Home Information Packs, EPC’s was left as a required element of moving house. An EPC should be commissioned in advance of the property being marketed. It is not something that solicitors ordinarily organise. If you are instructing a Botley conveyancing practitioner they might be able to arrange EPC’s given their relationships with reputable Botley energy assessors
Is it the case that all Botley solicitors on the Leeds Building Society conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Leeds Building Society approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. The majority of banks do allow licenced conveyancers on their panel in which case such organisation would be overseen by the CLC.
I am expecting a DIP from Aldermore this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Aldermore recommend any Botley solicitors on the Aldermore conveyancing panel, or is it better to go independently?
You will need to appoint Botley solicitors independently although you'll need to choose one on the Aldermore conveyancing panel. The solicitor represents both you and Aldermore through the process.
Various online forums that I have come across warn that are a common cause of hinderance in Botley house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) released determinations of a review by MoveWithUs that conveyancing searches do not feature within the common causes of hindrances in the conveyancing process. Local searches are not likely to feature in any holding up conveyancing in Botley.
My wife and I have a semi-detached Georgian property in Botley. Conveyancing practitioner represented me and TSB. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold with the exact same property. Is it worth asking TSB to clarify?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Botley and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing solicitor who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Botley is where the house is located. Can you offer any assistance?
Flying freeholds in Botley are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Botley you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Botley may decide 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 residence.