My grandmother passed away six months ago and as sole heir and executor I was left the property in Lancaster. The house had a small mortgage remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to Nationwide, pay off the mortgage. Is this possible?
Where you plan to refinance then Nationwide will insist on your using a conveyancer on the Nationwide conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nationwide conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nationwide mortgage is registered as a charge at the Land Registry.
Can you help - my lawyer advises that breach of easement insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Lancaster?
The right level of breach of easement indemnity insurance depends on who your lender is. It would differ for example between Nationwide Building Society and The Mortgage Works. Conveyancing lawyers as opposed to borrowers take out such policies.
Is it the case that all Lancaster CQS (Conveyancing Quality Scheme) solicitors are on the TSB conveyancing list of approved solicitors?
A selection of banks and building societies now utilise CQS as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their panels.
We were going to get a AIP from TSB this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do TSB recommend any Lancaster solicitors on the TSB conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Lancaster solicitors independently although you'll need to choose one on the TSB conveyancing panel. The solicitor represents both you and TSB through the process.
We are planning on selling our property in Lancaster and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. Any high street Lancaster lawyer would know that there is no such problem. It does beg the question why the buyers instructed a nationwide conveyancing practice as opposed to a conveyancing solicitor in Lancaster. We have lived in Lancaster for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to seek confirmation need.
It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? You must 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 life insurance to cover that same illness)
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a straight forward, chain free conveyancing. Lancaster is where the house is located. What do you suggest?
Flying freeholds in Lancaster are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Lancaster you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lancaster may determine 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 property.
We're FTB’s - agreed a price, but the agent has warned us that the seller will only go ahead if we use the agent's preferred solicitors as they want a ‘quick sale’. Our preferred option is to instruct a high street conveyancer used to conveyancing in Lancaster
It is improbable the vendors are driving this. If they desire ‘a quick sale', turning down a serious buyer is not the way to achieve this. Try to communicate with the owners directly and make the point that (a)you are keen to buy (b)you are excited to move forward, with finances in place © you are chain free (d) you intend to proceed fast (e)but you are going to instruct your preferred Lancaster conveyancing lawyers - not the ones that will provide their estate agent a introducer fee or meet his conveyancing targets set by senior management.