I am purchasing a terraced house in St Helier. How practical is it for me to do the conveyancing?

Leaving aside the complexities and merits of DIY conveyancing in St Helier you will have to appoint a solicitor on your lender's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in St Helier.

I can not work out if my bank requires a lease extension. I have called my St Helier bank branch on various occasions and was reassured it wasn't a problem and they would lend. My St Helier conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they refuse to lend based on their published requirements. Who do I believe?

As long as the solicitor is on the lender panel, she or he must comply with the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

I recently had an offer accepted on an apartment in St Helier. My financial adviser recommended their conveyancers. I paid an upfront payment of £150. A few days later, the property lawyer called me embarrassingly acknowledging that they were not on the Coventry BS conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Coventry BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

Planning on purchasing a apartment in St Helier. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the UBS conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.

They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the St Helier conveyancer is on the UBS conveyancing panel.

Will my conveyancer be asking questions regarding flooding during the conveyancing in St Helier.

The risk of flooding is if increasing concern for conveyancers dealing with homes in St Helier. There are those who purchase a property in St Helier, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to give advice on flood risk, but there are a various searches that can be carried out by the buyer or by their solicitors which should figure out the risks in St Helier. The conventional set of completed inquiry forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to determine whether the property has historically flooded. If the residence has been flooded in past and is not revealed by the seller, then a buyer may commence a compensation claim as a result of such an incorrect response. A purchaser’s lawyers may also conduct an environmental report. This should indicate if there is any known flood risk. If so, additional investigations should be made.

Having checked my lease I have discovered that there are only Fifty years left on my lease in St Helier. I now want to get lease extension but my freeholder is missing. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. For most situations an enquiry agent would be useful to conduct investigations and prepare a report to be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing St Helier.

I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a St Helier conveyancing firm to help?

You certainly can. We are happy to put you in touch with a St Helier conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a St Helier premises is Buchanan Court 39 Vernon Road in April 2010. the Tribunal assessed that the premium payable for the freehold of the block should be £44,000. This case was in relation to 2 flats. The unexpired lease term was 66.67 years.

I am purchasing a maisonette mortgage free. My lawyer has been supplied with with 2 distinct evidence of photographic identification, bank statement, endless utility bills. Now he wants a copy from a probate lawyer advising that the money is in place and that it has come from inheritance and not via illegitimate means.

In today’s world you will not be able to complete any St Helier conveyancing transaction without first providing evidence of your identity to your lawyers. This usually takes the form of a either your passport or driving licence and a utility bill. Remember if you are providing your driving licence as evidence of ID it must be both the paper part and photo card part, one is not acceptable without the other. Establishing of your source of funds is required under Money Laundering Regulations.