It is a dozen years since I bought my house in Lymm. Conveyancing lawyers have recently been instructed on the sale but I can't find the title documents. Will this cause complications?
You need not be too concerned. Firstly the deeds may be kept by your mortgage company or they could be archived with the conveyancers who handled your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Almost all conveyancing in Lymm relates to registered property but in the rare situation where your home is unregistered it is more problematic but is not insurmountable.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Lymm?
There are many recorded licenced Conveyancers in Lymm and Solicitor practices in Lymm who provide Conveyancing services It is important to make clear that both are supervised by regulatory bodies with both specialising in the legal work in transferring property. They may both also conduct associated property related work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
I have today made my last payment due on my mortgage with HSBC. I assume I don't need a Lymm conveyancer on the HSBC panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your HSBC 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 HSBC mortgage from the register. HSBC, 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 HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
Co-operative have agreed my mortgage in principle, my offer on a house in Lymm has been accepted, what happens next?
The property agent will want to know who your solicitors are (ensure that the lawyers are on the lender’s approved list). Contact Co-operative or the broker and complete any appropriate forms. Co-operative will instruct a valuer who will get in touch with the estate agent or seller to arrange a slot for the valuation to happen. Once conducted (assuming no problems) it takes about a week to receive the mortgage offer. Co-operative will issue the offer to you and your conveyancing practitioners. The legal work will then take it’s course according the nature and complexity of the conveyancing in Lymm.
Should my conveyancer be making enquiries concerning flooding as part of the conveyancing in Lymm.
Flooding is a growing risk for conveyancers specialising in conveyancing in Lymm. There are those who acquire a property in Lymm, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to impart advice on flood risk, however there are a various searches that can be undertaken by the purchaser or by their conveyancers which will figure out the risks in Lymm. The standard property information forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the owner to determine if the property has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the vendor, then a buyer may commence a legal claim for losses as a result of such an inaccurate answer. A buyer’s conveyancers should also conduct an environmental report. This should indicate whether there is any known flood risk. If so, more detailed inquiries should be conducted.
Over the last few months I have been searching for a leasehold apartment up to £195,000 and identified one near me in Lymm I like with open areas and station nearby, the downside is that it's only got 61 years unexpired on the lease. I can't really find anything else in Lymm for this price, so just wondered if I would be making a mistake acquiring a short lease?
If you require a home loan the remaining unexpired lease term may be problematic. Discount the offer by the expected lease extension will cost if not already taken into account. If the existing owner has owned the premises for at least 2 years you can 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 existing lease with a zero ground rent applied. You should speak to your conveyancing solicitor concerning this matter.
I bought a house in Lymm last 9/12/2024 and to date it is still not recorded with HMLR. It was part of a development site and my property lawyer told me that it can take twelve months to complete the registration formalities. I have contacted the Land Registry directly and they say that the original application was cancelled due to failure to reply to requisitions. Do I need to be concerned?
Contact your property lawyer - Where you are unsatisfied with the responses, find out about their internal complaints procedure and amplify your problem to a Complaints Manager. Registrations for Lymm conveyancing are not known to be especially complex.