Can you clarify what the consequences are if my lawyer’s firm is removed from the Leeds Building Society Conveyancing panel ahead of completing my conveyancing in Skegness?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
My uncle pointed out to me me that in purchasing a property in Skegness there could be a number of restrictions prohibiting external alterations to a property. Is this right?
We are aware of a number of properties in Skegness which have some sort of restriction or requirement of consent to carry out external variations. Part of the conveyancing in Skegness should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Is it correct that all Skegness CQS (Conveyancing Quality Scheme) solicitors are on the Bank of Ireland conveyancing list of approved firms?
It is true that some banks and building societies now utilise CQS as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of firms.
I have paid off my mortgage with Barclays. I assume I don't need a Skegness lawyer on the Barclays panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Barclays 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 Barclays mortgage from the register. Barclays, 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 Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
Will my conveyancer be raising questions about flooding as part of the conveyancing in Skegness.
The risk of flooding is if increasing concern for lawyers dealing with homes in Skegness. Some people will buy a house in Skegness, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to impart advice on flood risk, but there are a various searches that can be carried out by the buyer or by their solicitors which will give them a better understanding of the risks in Skegness. The conventional set of information given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the seller to find out if the property has suffered from flooding. If the premises has been flooded in past and is not revealed by the seller, then a purchaser may commence a claim for damages as a result of such an misleading reply. A purchaser’s solicitors will also conduct an environmental report. This should reveal whether there is a recorded flood risk. If so, more detailed investigations should be conducted.
My wife and I have a renovated Georgian property in Skegness. Conveyancing lawyer represented me and Skipton Building Society. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, the second leasehold under the exact same property. I'd like to know for sure, how can I find out??
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Skegness and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with your conveyancing solicitor who conducted the purchase.
My wife and I have had DIP from Barclays Direct who indicated that they will lend up to £218k. When do we need to appoint a solicitor for conveyancing? Skegness is where we are purchasing.
You can instruct a solicitor now so that the lawyer can open the file so they can conduct the ID checks etc. If and when you wish them to start work they will seek a deposit usually approximately £225. That would normally be once you have the mortgage offer and valuation results, however if you want to expedite the process you can start the ball rolling quicker albeit risking some money.