As I am unsure how the conveyancing bit works what is the most important number one tip you can impart regarding purchase conveyancing in Melksham?
Not many law firms or advisers will tell you this but conveyancing in Melksham or throughout England and Wales is often a confrontational experience. In other words, when it comes to conveyancing there exists an abundance of opportunity for confrontation between you and other parties involved in the house moving process. For example, the seller, selling agent and even potentially the mortgage company. Choosing a solicitor for your conveyancing in Melksham should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the legal process whose responsibility is to protect your legal interests and to keep you safe.
On occasion a third party with a vested interest may attempt to persuade you that you should follow their advice. For example, the property agent may claim to be assisting by claiming that your solicitor is wrong. Or your financial adviser may tell you to do take action that is against your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
Please help - my lawyer advises that absentee landlord insurance is necessary on my purchase. What is the level of cover for Melksham conveyancing?
The appropriate level of absentee landlord indemnity insurance should be dictated by who who your lender is. It would differ for example between National Westminster Bank and Virgin Money. Conveyancing practitioners as opposed to members of the public take out such insurances.
How can we tell if a Melksham conveyancing solicitor on the Santander panel is any good?
When it comes to conveyancing in Melksham obtaining recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the solicitor conducting your transaction.
I have paid off my mortgage with Nationwide. I assume I don't need a Melksham conveyancing practitioner on the Nationwide panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nationwide 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 Nationwide mortgage from the register. Nationwide, 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 Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
Will our solicitor be raising enquiries concerning flooding during the conveyancing in Melksham.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Melksham. There are those who acquire a house in Melksham, fully aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Conveyancers are not qualified to impart advice on flood risk, however there are a number of checks that may be carried out by the buyer or by their conveyancers which should figure out the risks in Melksham. The conventional set of information sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard question of the owner to determine whether the premises has suffered from flooding. If the property has been flooded in past and is not disclosed by the vendor, then a purchaser could commence a claim for damages as a result of such an misleading reply. The purchaser’s solicitors may also carry out an enviro search. This should higlight if there is a recorded flood risk. If so, further investigations should be made.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The conveyancers who did the conveyancing in Melksham 5 years ago are no longer around. What are my options?
As long as the title is registered the information relating to your ownership will be recorded by the Land Registry under a Title Number. It is possible to conduct a search at the Land Registry, locate your property and get current copies of the Registered Entries for a small fee. Where the property is Leasehold then the Land Registry will in most cases hold a certified duplicate of the Registered Lease and again, a copy can be ordered for a small fee.
Due to the advice of my in-laws I had a survey completed on a house in Melksham prior to instructing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies will refuse to grant a mortgage on a flying freehold property.
It varies from the lender to lender. Lloyds has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Melksham. Conveyancing may be slightly more expensive based on your lender's requirements.