Am I correct in assuming that the fact that my solicitor in Brixham is not on my bank's solicitor panel that there is a problem with the standard of the firm’s conveyancing?
That would most likely be an incorrect assumption to make. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Brixham conveyancing practice and ask them why they are no longer on the approved list for your mortgage company.
I am about to put an offer on a leasehold property in Brixham. The estate agents tell me that it is normal for flats in Brixham to have less than 75 years left on the lease. I am obtaining a mortgage with Platform. Will the property be mortgageable given that the lease has 72 years unexpired.
Most leasehold conveyancing experts should be able to deal with a lease extension. if you are obtaining a mortgage then your lender may insist that the lease be extended before competition. Platform have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 28/5/2023 the requirements read as follows :
I used Action Conveyancing several years ago for my conveyancing in Brixham. I now require my papers but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Brixham of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
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 quick, no chain conveyancing. Brixham is where the house is located. Can you shed any light on this issue?
Flying freeholds in Brixham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brixham you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brixham 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.
Should one as executor remove a deceased person's name from the title register for a house in Brixham?
Where a Brixham property is jointly owned and one of the owners dies, the name will not automatically be removed from the Land Registry title. It is not necessary to remove their name as when it comes to a disposal your conveyancer would simply need to evidence as to the reason the co owner is missing from the contract, typically this is in the form of a grant of probate.
With the aim of making the sale conveyancing more straight forward in the future you can arrange to have the deceased name erased from the title by applying to HMLR with proof of the death. There is no charge from the Registry for this service.