It is 10 years ago since I bought my house in Rusholm. Conveyancing lawyers have now been instructed on the sale but I can't find the title deeds. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be retained by your mortgage company or they may be in the possession of the lawyers who oversaw your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. The vast majority of conveyancing in Rusholm relates to registered property but in the unlikely event that your home is not registered it is more tricky but is not insurmountable.
I am remortgaging my property in Rusholm, does my lawyer have to be on the RBS Solicitor panel?
There is nothing to stop you using your solicitor, but RBS will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
Should my solicitor be raising enquiries about flooding as part of the conveyancing in Rusholm.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Rusholm. Plenty of people will acquire a property in Rusholm, completely aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the premises. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to impart advice on flood risk, but there are a number of searches that can be carried out by the purchaser or by their conveyancers which will figure out the risks in Rusholm. The standard property information forms given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the owner to discover whether the premises has suffered from flooding. If the residence has been flooded in past which is not disclosed by the seller, then a purchaser could commence a legal claim for losses resulting from an misleading reply. The purchaser’s lawyers may also conduct an enviro search. This should higlight if there is a recorded flood risk. If so, additional inquiries will need to be carried out.
I decided to have a survey completed on a property in Rusholm before instructing lawyers. I have been advised that there is a flying freehold element to the property. The surveyor has said that some banks tend refuse to give a loan on such a house.
It varies from the lender to lender. Lloyds has different requirements from Nationwide. Should you wish to telephone us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Rusholm. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Rusholm to see if the conveyancing will be more expensive.
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