Is the fact that my conveyancer in Haringey is not identified on my mortgage company's solicitor panel that there is a problem with the quality of the firm’s work?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Haringey conveyancing firm and enquire why they are no longer on the approved list for your bank.
After looking at online forums for a recommended solicitor in Haringey, most say that I must instruct a CQS accredited solicitor. Can you explain what CQS is?
Haringey Conveyancing Quality Scheme practices have obtained certification under the Law Society's Scheme (CQS) The Law Society established CQS to promote high standards in the in the legal transfer of properties. CQS enables house movers to recognise practices that provide a quality residential conveyancing. Haringey is one of locations in England and Wales in which accredited firms have offices. The scheme obliges practices to undergo a strict assessment, compulsory training, self-reporting, spot checks and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Association of British Insurers.
Will our conveyancer be raising questions concerning flooding as part of the conveyancing in Haringey.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Haringey. Plenty of people will acquire a property in Haringey, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to give advice on flood risk, however there are a various checks that may be carried out by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Haringey. The conventional set of property information forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the vendor to discover if the premises has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the owner, then a purchaser may issue a legal claim for losses as a result of such an misleading response. The purchaser’s lawyers should also order an environmental report. This will indicate if there is any known flood risk. If so, additional investigations will need to be conducted.
My wife and I purchased a renovated Edwardian house in Haringey. Conveyancing lawyer represented me and Britannia. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold with the matching address. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Haringey and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing lawyer who conducted the conveyancing.
I opted to have a survey done on a property in Haringey in advance of instructing lawyers. I have been informed that there is a flying freehold element to the property. Our surveyor advised that some banks may not give a mortgage on a flying freehold premises.
It depends who your proposed lender is. Santander has different instructions from Halifax. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Haringey. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Haringey to see if the conveyancing costs will increase in light of this.