Our solicitor has discovered a defect with the lease for the property we are purchasing in Morley. The other side have suggested title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer has advised that he must be satisfied that the lender is willing to move forward with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Forgive me if this question is silly but I am unexperienced as FTB of a ground floor flat in Morley. Do I receive the keys to the premises on completion from my lawyer? If so, I will find a High Street conveyancing solicitor in Morley?
There is no need to visit the lawyers office on the day of completion. Your solicitors will electronically transfer the purchase money to the owner’s conveyancers, and shortly after the monies have arrived, you should be able to receive the keys from the Estate Agents and move into your new home. This tends to happen between 1 and 3pm.
My wife and I buying a terrace house in Morley. We would like to convert the garage to an office at the house.Will legal investigations on the property involve investigations to see if these works were previously refused?
Your property lawyer will review the registered title as conveyancing in Morley can on occasion reveal restrictions in the title documents which prevent categories of works or need the permission of a 3rd party. Certain works require local authority planning consent and approval in accordance building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be prudent to check these things with a surveyor prior to committing yourself to a purchase.
We have agreed to purchase a house in Morley. A rare aspect is that the roof has a solar panel. Co-operative have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Co-operative your lawyer must check the formal instructions set out in Section 2 of UK Finance Lenders’ Handbook for Co-operative. The Council of Mortgage Lenders’ Handbook includes minimum conditions for solar panel roof-space leases, and conveyancing practitioners are required to report to Co-operative where a lease fails to comply with these provisions. The conditions relate to the installation of panels on properties nationwide and is not limited to Morley.
We are downsizing from our house in Morley and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. A local conveyancer would know that there is no such problem. For the life of me I don't know why the buyers instructed an online conveyancing firm rather than a conveyancing solicitor in Morley. Having lived in Morley for six years we know of no issue. Should we get in touch with our local Authority to get clarification need.
It would appear that you have a conveyancing lawyer currently acting for you. What do they say? You need to check with 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 opted to have a survey done on a house in Morley before appointing lawyers. I have been advised that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies will refuse to grant a loan on such a house.
It varies from the lender to lender. Santander has different instructions for example to Nationwide. If you contact us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Morley. Conveyancing may be slightly more expensive based on your lender's requirements.
As co-executor for the estate of my aunt I am selling a property in Monmouth but live in Morley. My solicitor (who is 300 miles from mehas requested that I execute a stat dec prior to completion. Can you recommend a conveyancing practitioner in Morley to attest this legal document for me?
Technically speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are based in Morley