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Recently asked questions about conveyancing in Colchester

My partner’s mother is a solicitor. I hope that I'll be able to get mate’s fee for conveyancing, but if not, what level of figure should I be expecting for conveyancing in Colchester?

You should contrast pricing. Do use our search tool on this page. Whilst prices seem to contrast greatly but the service one can expect differ between solicitors as is the case with the vast majority of professional services.

Some advice if I may. My Colchester conveyancer is informing me me that he is legally obliged toorder Colchester conveyancing searches stemming from the fact thatthe firm are on the Nat Westconveyancing panel. These Colchester searches cost a lot of money can this be avoided?

Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a lender your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Colchester conveyancing searches.

I purchased a freehold residence in Colchester yet pay rent, why is this and what is this?

It is rare for properties in Colchester and has limited impact for conveyancing in Colchester 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 have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.

Will my conveyancer be making enquiries concerning flooding as part of the conveyancing in Colchester.

The risk of flooding is if increasing concern for solicitors dealing with homes in Colchester. There are those who acquire a house in Colchester, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Conveyancers are not qualified to impart advice on flood risk, however there are a number of checks that can be initiated by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Colchester. The standard completed inquiry forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the vendor to discover whether the premises has suffered from flooding. If flooding has previously occurred which is not disclosed by the seller, then a purchaser could commence a compensation claim stemming from an misleading response. A buyer’s solicitors may also conduct an environmental search. This should disclose whether there is any known flood risk. If so, additional inquiries should be carried out.

My partner and I yesterday become aware that one of the directors of the solicitors acting on the purchase conveyancing in Colchester is an uncle of the seller. Is this acceptable?

On the basis that no conflict arises this is allowable. Where you are needing mortgage finance then the bank may have a say as many lenders have specific instructions concerning this. For example for Royal Bank of Scotland -Natwest One as of 21/4/2019, the requirements read as follows :

1.15- May your firm act if the person dealing with the transaction or a member of his immediate family is the borrower?

No, your firm may not act if the person dealing with the transaction or a member of his immediate family is the borrower. However, your firm may act if a separate fee earner or separate partner within the firm acts for us.

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