I sincerely hope you can assist me. My Essex conveyancer is advising me that she is duty bound toorder Essex conveyancing searches becausethe firm are on the HSBCapproved lawyer panel. Do I not have any say here?
Unfortunately both you and your lawyer have little choice here. As you are obtaining a home loan with a bank your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Essex conveyancing searches.
As a novice what is the most important number one tip you can give me regarding purchase conveyancing in Essex?
You may not hear this from too many lawyers but conveyancing in Essex and elsewhere in England and Wales is an adversarial experience. In other words, when it comes to conveyancing there exists lots of room for conflict between you and others involved in the legal transfer of property. E.g., the seller, property agent and on occasion a bank. Selecting a lawyer for your conveyancing in Essex an important selection as your conveyancer is your adviser, and is the ONE person in the transaction whose role it is to look after your legal interests and to keep you safe.
Every so often a third party with a vested interest will attempt to persuade you that it is in your interests to do things their way. As an example, the selling agent may claim to be assisting by suggesting your conveyancer is dragging his heels. Or your financial adviser may try to convince you to do something that is against your conveyancers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
My colleague suggested that if I am buying in Essex I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes included in the estimate for your Essex conveyancing searches. It is not a small document of about 40 pages, listing and detailing important information about Essex around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Essex Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Essex Education with plans and statistics, Local Amenities and other useful data regarding Essex.
Just bought a terraced house in Essex , What is the estimated time for the Land Registry to register my ownership? My Essex conveyancing solicitor has been painfully slow, so I want to be sure the registration formalities are addressed.
There is nothing unique about conveyancing in Essex registration formalities. Rather than based on location, timeframes can vary subject to the party submitting the application, whether there are errors and whether the Land registry have to notify any interested parties. As of today in the region of 80% of submission are fully dealt with in less than three weeks but some can be subject to protracted delays. Historically registration takes place after the purchaser is living at the premises thus 'speed' is not usually top priority yet where it is urgent that the the registration takes place urgently then you or your lawyers should communicate with the Registry to express the reasoning for the application to be prioritised.
I'm purchasing a property in Essex. I can find my conveyancer's company on the CLC list, but I can't locate my lawyer's name as listed on the regulator's website. Should I be concerned?
Not every individual in the practice must be listed by the regulator. As long there is a manager qualified to 'oversee' the transaction, the actual day-to-day activity can be undertaken by unlicensed staff.