Please help. My Cathays conveyancer is advising me that she is duty bound toapply for Cathays conveyancing searches resulting from the fact thatthe firm are on the Santanderapproved lawyer panel. Is my lawyer right?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your solicitor would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Cathays conveyancing searches.
Will my lawyer be raising enquiries regarding flooding as part of the conveyancing in Cathays.
Flooding is a growing risk for lawyers conducting conveyancing in Cathays. There are those who acquire a property in Cathays, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Conveyancers are not qualified to impart advice on flood risk, but there are a number of searches that may be carried out by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Cathays. The standard completed inquiry forms given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to discover whether the property has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the seller, then a buyer may issue a legal claim for losses resulting from an incorrect answer. A purchaser’s lawyers may also carry out an environmental search. This will reveal if there is a recorded flood risk. If so, further investigations should be initiated.
Me and my brother purchased a terraced Victorian house in Cathays. Conveyancing lawyer represented me and Nationwide Building Society. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold under the exact same address. I thought I was buying a freehold how can I check?
You should assess 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Cathays and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing lawyer who completed the work.
How does conveyancing in Cathays differ for new build properties?
Most buyers of new build premises in Cathays contact us having been asked by the seller to sign contracts and commit to the purchase even before the property is finished. This is because house builders in Cathays typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Cathays or who has acted in the same development.
Should local authority permission be necessary to convert a house into multiple appartments in Cathays? This has been carried out to a house next door to my home in Cathays and was ignorant of it happening until it was finished.
Planning Consent yes. Building Regulations yes.