Me and my partner are intending to acquire a 2 bedroom apartment in Charmouth with a mortgage. We wish to retain our Charmouth lawyer, however the lender advise he's not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Charmouth lawyer and pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Charmouth conveyancing solicitor to apply to be on the conveyancing panel.
I own a freehold premises in Charmouth but nevertheless charged rent, why is this and what is this?
It is rare for properties in Charmouth and has limited impact for conveyancing in Charmouth but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
I have been told that property searches are a common reason for obstruction in Charmouth conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances during the legal transfer of property. Searches are not likely to be the root cause of delay in conveyancing in Charmouth.
four months have elapsed following my purchase conveyancing in Charmouth concluded. I have checked the Land Registry site which shows that I paid £150,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I am an executor of my recently deceased parent's Will, with a bungalow in Charmouth which is to be sold. The property has never been registered at the Land Registry and I'm told that some buyers solicitors will insist that it is completed before they will proceed. What's the procedure for this?
In the situation that you have set out it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.