My wife and I are hoping to acquire a flat in Swanage and are in fact using a Swanage conveyancing practice. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Accord Mortgages Ltd have this morning contacted us to advise us that they have now hit a problem as our Swanage lawyer is not on their conveyancing panel. What do we do from here?
When purchasing a property with the benefit of a mortgage it is normal for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel as you are at liberty to use your preferred Swanage lawyers, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
My bid for a property was accepted at auction in Swanage. Conveyancing is needed. What is next?
Having exchanged you should find a conveyancing solicitor soon as you are facing a tight deadline in which to complete the purchase. An auction property should have a corresponding legal set of papers. This will include evidence of title and search results. Where you are dealing with leasehold property the legal pack may include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation relating to leasehold premises. You must give this to your appointed conveyancing solicitor as soon as possible. Do make sure that your finances are in order to complete the transaction on the set completion date.
A relative informed me that in purchasing a property in Swanage there could be various restrictions as to what one can do in terms of external alterations to a property. Is this right?
There are a number of properties in Swanage which have some sort of restriction or requirement of consent to external variations. Part of the conveyancing in Swanage should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have paid off my mortgage with Principality. I assume I don't need a Swanage conveyancer on the Principality panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Principality 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 Principality mortgage from the register. Principality, 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 Principality has sent the Land Registry the discharge electronically, and
- Principality has instructed the Land Registry to do so
What can a local search reveal about the house I am buying in Swanage?
Swanage conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search company for example Xpress Legal The local search is essential in every Swanage conveyancing purchase; as long as you wish to avoid any nasty once you have moved into your new home. The search will reveal data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
Me and my brother own a 4 bedroom Victorian property in Swanage. Conveyancing practitioner represented me and Alliance & Leicester . I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold under the exact same property. Is it worth asking Alliance & Leicester to clarify?
You should 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Swanage 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 purchasers. You can also enquire as to the situation with your conveyancing lawyer who conducted the conveyancing.
How does conveyancing in Swanage differ for newly converted properties?
Most buyers of new build or newly converted property in Swanage approach us having been asked by the builder to sign contracts and commit to the purchase even before the residence is completed. This is because developers in Swanage typically purchase 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 conveyancers 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 Swanage or who has acted in the same development.