Can you help? My St Andrews solicitor is informing me me that he is legally obliged toconduct St Andrews conveyancing searches resulting from the fact thatthe firm are on the Santandersolicitor panel. Do I not have a choice here?
You have limited options available to you. Given that you are taking out a loan with a lender your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out St Andrews conveyancing searches.
I am selling our house in St Andrews and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local conveyancer would know this is not the case. It does beg the question why the buyers instructed a web based conveyancing outfit as opposed to a conveyancing solicitor in St Andrews. Having lived in St Andrews for three years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to obtain confirmation that the buyers are looking for.
It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? You must enquire of 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 ailment)
Me and my brother purchased a semi-detached Victorian house in St Andrews. Conveyancing practitioner represented me and Godiva Mortgages Ltd. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold with the exact same address. I thought I was buying a freehold how can I check?
You need to assess 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in St Andrews and other locations in 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 position with the conveyancing practitioner who conducted the conveyancing.
How does conveyancing in St Andrews differ for newly converted properties?
Most buyers of new build premises in St Andrews contact us having been asked by the developer to sign contracts and commit to the purchase even before the residence is ready to move into. This is because builders in St Andrews usually buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in St Andrews or who has acted in the same development.
Over the last few months I have been searching for a ground for flat up to £195,000 and found one near me in St Andrews I like with open areas and station in the vicinity, however it only has 52 years unexpired on the lease. I can't really find anything else in St Andrews suitable, so just wondered if I would be making a grave error acquiring a lease with such few years left?
Should you require a home loan that many years will be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if not already taken into account. If the existing owner has owned the premises for a minimum of 2 years you could request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease term with a zero ground rent applied. You should consult your conveyancing lawyer about this matter.