My brother and I have just acquired a house in Halkyn. We have since encountered a number of issues with the property which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been conducted as part of conveyancing in Halkyn?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Halkyn. Conveyancing searches and investigations undertaken as part of the buying process are supposed to help avoid problems. As part of the process, the vendor answers a document called a Seller’s Property Information Form. If the information ends up being inaccurate, you could possibly take legal action against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Halkyn.
We had instructed conveyancers locally in Halkyn on the Yorkshire BS solicitor panel. They have just invoiced me an additional charge for dealing with the Yorkshire BS mortgage. Is this an additional conveyancing fee set by Yorkshire BS?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your solicitor may levy a fee for this. This fee is not set by Yorkshire BS but by your Halkyn conveyancer. Plenty of firms on the Yorkshire BS panel will charge an ‘acting for lender’ fee but plenty of practices incorporate it on their overall fee.
Last month we had a mortgage agreed in principle with HSBC. Halkyn conveyancing solicitors are chosen. How long does it take for HSBC to send the offer to the property lawyer?
There is no definitive answer here. Have HSBC completed the valuation? Have you advised HSBC as to your lawyers' details and checked that your lawyers are on the HSBC conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have paid off my mortgage with Leeds Building Society. I assume I don't need a Halkyn solicitor on the Leeds Building Society panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Leeds Building Society 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 Leeds Building Society mortgage from the register. Leeds Building Society, 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 Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
Various web forums that I have frequented warn that are the primary cause of obstruction in Halkyn conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released findings of a review by MoveWithUs that conveyancing searches do not figure within the common causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of delay in conveyancing in Halkyn.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Halkyn is where the house is located. Is there any guidance you can impart?
Flying freeholds in Halkyn are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Halkyn you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Halkyn may ascertain 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 premises.
How do I search for a Halkyn solicitor on the Godiva Mortgages Ltd conveyancing panel? I have wheels and am happy to travel upto 10kilometers to meet the conveyancer.
You can use the facility on this website. Please choose the lender and your location and you will see a number of Halkyn conveyancing lawyers based on proximity. We have listed some Halkyn conveyancing firms towards the end of this page and you can telephone them to verify whether they are on the Godiva Mortgages Ltd approved list