It has come to my attention via my broker that my Kingsland property lawyer is not on the lender Solicitor panel. How can I check?
Your first step should be to contact your Kingsland lawyer directly. You lawyer should notify you of the situation. Where they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your lender.
We are downsizing from our house in Kingsland and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. A local lawyer would know that there is no such problem. It does beg the question why the purchasers instructed a nationwide conveyancing practice rather than a conveyancing solicitor in Kingsland. We have lived in Kingsland for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer currently acting for you. Are they able to advise? You need to 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 health insurance to cover that same sickness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Kingsland?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Kingsland. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Kingsland differ for newly converted properties?
Most buyers of new build premises in Kingsland contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is completed. This is because house builders in Kingsland usually buy the land, 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 conveyancers 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 used to new build conveyancing in Kingsland or who has acted in the same development.
My partner and I are purchasing a first floor flat in Kingsland. When we first instructed solicitor, they assured us that they were on all major UK bank panels. The mortgage broker called just now to say that they don't appear to be on the Bank of Ireland approved list. If it turns out to be true, what should we do? Should we just choose a different conveyancing practitioner that is on their panel or should we cover the costs for dual representation, with Bank of Ireland appointing their own preferred conveyancing practitioner.
If you are buying a property needing a mortgage it is normal for the purchaser’s solicitors to also act for the purchaser's lender. In order to act for a bank or building society a conveyancer has to be on that lender's list of approved lawyers. An application has to be made by the property lawyer to the lender to become a member of the lender's panel and there are increasingly strict conditions which the property lawyer has to satisfy. Some building societies now insist their panel firms to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should call Bank of Ireland to find out if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on Bank of Ireland's conveyancing panel as you are at liberty to use your preferred Kingsland lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another conveyancing practitioner into the mix.