It has come to my attention via my mortgage broker that my Cheshire the law firm I have appointed is not on the bank Conveyancing panel. How can I be certain if this is indeed the case?
Your first step should be to contact your Cheshire conveyancer. It is reasonable to expect your lawyer to inform you what has happened. Where they are not on the panel they may recommend you to a Cheshire conveyancing firm that is on the approved list of lawyers for your lender.
Our Cheshire solicitor has uncovered a discrepancy when comparing the surveyor’s assumptions in the home valuation report and what is revealed within the conveyancing documents. My solicitor says that he is duty bound to ensure that the bank is OK with this discrepancy and is content to go ahead. Is my solicitor’s approach right?
Your lawyer must comply with the UK Finance Lenders’ Handbook conditions 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 you.
As someone unfamiliar with conveyancing in Cheshire what’s your top tip you can impart for the ownership transfer in Cheshire
Not many law firms or advisers will tell you this but conveyancing in Cheshire or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there exists plenty of room for conflict between you and others involved in the home moving process. E.g., the seller, property agent and even potentially a lender. Selecting a lawyer for your conveyancing in Cheshire is a critical decision as your conveyancer is your adviser, and is the ONLY person in the transaction whose role it is to act in your best interests and to protect you.
Sometimes a potential adversary will attempt to persuade you that it is in your interests to do things their way. For example, the estate agent may claim to be helping by claiming that your solicitor is slow. Or your mortgage broker may try to convince you to do take action that is contrary to your conveyancers guidance. You should always trust your lawyer above all other parties in the home moving process.
I know that there are debates on Chancel Insurance on online forums. Do I require chancel insurance when buying a property in Cheshire? or Apparently there is a law dating back centuries that means some homeowners residing in a parish church boundary will be compelled to pay for repairs to the chancel within the church. Is this suitable for conveyancing in Cheshire?
Unless a prior purchase of the property completed after 12 October 2013 you could expect solicitors conducting conveyancing in Cheshire to remain encouraging a chancel search and or chancel repair liability policy.
I've recently found out that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a simple, no chain conveyancing. Cheshire is where the house is located. Can you shed any light on this issue?
Flying freeholds in Cheshire are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Cheshire you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cheshire may determine 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.