It is 10 years ago since I bought my house in South Brent. Conveyancing lawyers have now been appointed on the sale but I am unable to find the title documents. Is this a major issue?
Don’t worry too much. First there is a possibility that the deeds will be with the lender or they could be archived with the lawyers who handled the purchase. Secondly the likelihood is that the title will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring up to date copy of the land registers. Most conveyancing in South Brent involves registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
About to place a bid on a leasehold apartment in South Brent. The selling agents tell me that it is usual for flats in South Brent to have less than 75 years left on the lease. I am taking out a loan with Bank of Ireland. Is this going to be a problem if the lease has Seventy One years unexpired.
Most leasehold conveyancing experts should be able to deal with a lease extension. if you are obtaining a mortgage then your lender may insist that the lease be extended before competition. Bank of Ireland have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 23/2/2024 the requirements read as follows :
Is it the case that all South Brent solicitor practices on the RBS conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the RBS approved list of solicitors they would need to be regulated by the SRA. Many banks do permit licenced conveyancers on their panel in which case such firms would be governed by the Council of Licensed Conveyancers.
We previously instructed conveyancers located in South Brent on the TSB solicitor approved list. They have just invoiced me a supplemental charge for the legal aspects of the TSB mortgage. Is this an additional conveyancing fee specified by TSB?
As unfair as it may seem, as long as it’s in their Terms and Conditions or estimate then yes your lawyer can levy a fee for this. This fee is not set by TSB but by your South Brent conveyancing practitioner. Plenty of firms on the TSB panel will charge ’dealing with mortgage’ fee but many firms include it on their overall fee.
I am currently in the process of buying my council flat in South Brent. I have a mortgage agreed with TSB. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
My wife and I purchased a terraced Georgian property in South Brent. Conveyancing lawyer acted for me and Alliance & Leicester . I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold with the matching property. I'd like to know for sure, how can I find out??
You need to review the Freehold register you have again and check the Charges Register as there may be 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 South Brent and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with the conveyancing solicitor who completed the work.
Is it best to go with a South Brent conveyancing solicitor in close proximity to the house I am buying? I have an old university friend who can perform the legal work but his firm is located approximately 350kilometers drive away.
The benefit of a high street South Brent conveyancing practice is that you can attend the office to execute documents, deliver your ID and pester them if necessary. They will also have local knowledge which is a bonus. That being said nothing is more important than finding someone that will do a good and efficient job. If if people you trust used your friend and on the whole were impressed that must trump using an unfamiliar South Brent conveyancing lawyer solely due to them being based in the area.