My wife and I are downsizing from our home in Essex and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any high street Essex conveyancer would know this is not the case. For the life of me I don't know why the buyers used a factory type conveyancing firm rather than a conveyancing solicitor in Essex. Having lived in Essex for six years we know that this is a non issue. Should we get in touch with our local Authority to get confirmation that there is no issue.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
How does conveyancing in Essex differ for new build properties?
Most buyers of new build residence in Essex come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is completed. This is because developers in Essex tend to buy the real estate, 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 conveyancing solicitors 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 Essex or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a simple, no chain conveyancing. Essex is the location of the property. What do you suggest?
Flying freeholds in Essex are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Essex you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Essex may decide 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 property.
How easy is it to use your search tool to choose a conveyancing lawyer in Essex on the authorised to act for my lender?
1st choose a mortgage company such as Santander, Barnsley Building Society or Clydesdale then type in your preferred area a common one being Essex. Conveyancing organisations in Essex and across England and Wales should be listed.
My conveyancing solicitor in Essex has informed me that he requires ID documents asserting that this is part of his requirements as a conveyancer on the lender Conveyancing panel. Am I being spun a yarn?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the mortgage company. This is not specific to conveyancing in Essex