Me and my fiance are buying a 1 bedroom flat in Brent Cross with a mortgage. We would like to retain our Brent Cross lawyer, but the mortgage company says she’s not on their "panel". It seems we have little option but to use one of the bank panel solicitors or keep our Brent Cross property lawyer and pay for one of their panel firms to represent them. We consider that this is inequitable; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Brent Cross conveyancing lawyer to apply to be on the conveyancing panel.
Will our lawyer be asking questions regarding flooding as part of the conveyancing in Brent Cross.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Brent Cross. Plenty of people will purchase a property in Brent Cross, completely aware that at some time, it may be flooded. However, aside from the physical destruction, where 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 as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to give advice on flood risk, but there are a number of searches that may be initiated by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Brent Cross. The standard information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual question of the owner to find out if the premises has ever been flooded. If flooding has previously occurred which is not revealed by the owner, then a buyer may commence a claim for damages stemming from an inaccurate response. A purchaser’s conveyancers will also order an environmental search. This should higlight whether there is any known flood risk. If so, more detailed investigations will need to be made.
I have recentlybecome aware that Stirling Law have been shut down. They carried out my conveyancing in Brent Cross for a purchase of a leasehold apartment 18 months ago. How can I check that my home is not still registered in the name of the previous owner?
The easiest way to see if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Brent Cross conveyancing specialists.
Should I instruct a Brent Cross conveyancing solicitor in close proximity to the house I am hoping to buy? An old friend can handle the legal formalities however they are based 400miles away.
The primary upside of using a local Brent Cross conveyancing firm is that you can attend the office to execute documents, present your ID and pester them if necessary. They will also have local insight which is a benefit. That being said it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and the majority were happy that must surpass using an unfamiliar Brent Cross conveyancing lawyer just because they are local.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Brent Cross. Conveyancing advisers have not yet been instructed. Will they explain the issues?
Most houses in Brent Cross are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Brent Cross in which case you should be shopping around for a Brent Cross conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your lawyer will advise you fully on all the issues.
I inherited a garden flat in Brent Cross. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum payable for the purchase of the freehold?
Most certainly. We can put you in touch with a Brent Cross conveyancing firm who can help.
An example of a Lease Extension case for a Brent Cross flat is First Floor Flat 61 Wilberforce Road in March 2014. The premium payable was £10,130 and the case was remitted back to the Willesden County Court to effect the Vesting Order (Claim No 3W103100). This case related to 1 flat. The number of years remaining on the existing lease(s) was 71 years.