My lawyer has identified a a legal deficiency with the lease for the apartment we are purchasing in Common Edge. The other side have suggested title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must ensure that the bank is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. 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.
It is 10 years ago since I acquired my home in Common Edge. Conveyancing solicitors have now been instructed on the sale but I can't locate the title documents. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a chance that the deeds will be retained by your lender or they may stored with the lawyers who acted in your purchase. Secondly in all probability the land will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. The vast majority of conveyancing in Common Edge relates to registered property but in the rare situation where your property is unregistered it adds to the complexity but is not insurmountable.
My wife and I purchasing a 3 bedroom semi in Common Edge. We would like to carry out a loft conversion at the property.Will the conveyancing process involve checks to see if these works are prohibited?
Your conveyancer should review the deeds as conveyancing in Common Edge will sometimes reveal restrictions in the title deeds which prevent categories of works or necessitated the permission of another owner. Certain extensions call for local authority planning consent and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these things with a surveyor before you commit yourself to a purchase.
We are getting a further advance on our mortgage from Principality as we want to carry out renovations to our home in Common Edge. Do we need to select a local Common Edge solicitor on the Principality conveyancing panel to deal with the paperwork?
Principality would not normally instruct firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Principality panel.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Common Edge lawyer on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
Is it possible to swap solicitor as I need to retain one who is on the Virgin Money conveyancing panel. I was using a local conveyancing solicitor in Common Edge round the corner but he is not accepted by Virgin Money
It would be our pleasure to assist you select a conveyancing solicitor in Common Edge on the Virgin Money panel. Please note that the conveyancers that we work with do not pay us commission if you instruct them and are under regulation of the Solicitors Regulation Authority who regulate all conveyancing solicitors in Common Edge. Using the find a conveyancing solicitor tool on this website, you can compare and instruct different solicitors and conveyancers both nationally and in Common Edge.
My step-father has suggested that I appoint his lawyers for conveyancing in Common Edge. Should I find my own conveyancer?
Much as we are happy to recommend a Common Edge conveyancing lawyer it’s preferable to select a conveyancing solicitor is to get referrals from friends or relatives who have experience in using the conveyancer that you are are thinking of instructing.