It is is a decade since I bought my house in Hermon. Conveyancing lawyers have recently been retained on the sale but I can't locate the title documents. Is this a major issue?
You need not be too concerned. Firstly the deeds may be kept by the lender or they may be in the possession of the solicitor who handled the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring current official copies of the land registers. Nearly all conveyancing in Hermon relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is resolvable.
I can not work out if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Hermon bank branch on numerous occasions and was advised it wasn't an issue and they would lend. My Hermon conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they will not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your solicitor must follow the CML Handbook Part 2 provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
After weeks of negotiation I have agreed a price on a house in Hermon. My financial adviser recommended their conveyancers. I paid an on account payment of £200. A couple of days later, the conveyancing practitioner called me to say that they were not on the UBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the UBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Having digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Hermon solicitor - who is on the RBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Hermon postcode. As you are getting a mortgage with RBS, you could contact them to see if they have a list of approved surveyors in Hermon.
Should our conveyancer be raising enquiries regarding flooding during the conveyancing in Hermon.
Flooding is a growing risk for lawyers carrying out conveyancing in Hermon. There are those who acquire a property in Hermon, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not best placed to offer advice on flood risk, but there are a number of searches that may be carried out by the buyer or by their solicitors which can figure out the risks in Hermon. The standard property information forms supplied to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the seller to find out if the premises has historically flooded. If the premises has been flooded in past which is not notified by the seller, then a buyer could commence a claim for damages as a result of such an inaccurate reply. A purchaser’s lawyers should also carry out an enviro report. This will higlight if there is a recorded flood risk. If so, additional inquiries will need to be carried out.
I have been on the look out for a ground for flat up to £305k and identified one round the corner in Hermon I like with a park and railway links in the vicinity, the downside is that it only has 51 years on the lease. I can't really find anything else in Hermon in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
Should you require a mortgage that many years will likely be a potential deal breaker. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the premises for a minimum of twenty four months you could request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor about this matter.
Taking into account that I am about to part with hundreds of thousands of pounds on a house in Hermon I wish to have a conversation with the solicitor about myhome move in advance of appointing the firm. Is this something that you can arrange?
This is something that we encourage - it is our preference to talk to you we do not take any clients on without you liaising with the lawyer who will be conducting your conveyancing in Hermon.There is no ‘factory style conveyancing’ - each client is unique person, not a file reference. The practices that we put you in touch with believe that the fees you are provided with for residential conveyancing in Hermon should be the figure that you are charged.