I plan on acquiring property in Tutbury. My lawyer has never been on on the lender approved list. Can I still use my Tutbury conveyancing solicitor even though they are not on the lender list of approved lawyers?

You must appoint a conveyancer to complete the formalities when you need a mortgage to buy your property. The solicitor will conduct all the essential legal checks on the property, ensuring that you will be registered as proprietor and ensure that all the required mortgage paperwork is dealt with. One can instruct a Tutbury conveyancing practitioner of your choice. However, where the property lawyer appointed is not a member of the mortgage company conveyancing panel additional costs will be incurred as separate legal representation will be need by the mortgage company. Bank panel applications can be submitted, so provided your conveyancer has not in the past sought membership they should take the opportunity to apply.

As someone unfamiliar with conveyancing in Tutbury what is the number one tip you can give me for the home moving process in Tutbury

Not many law firms or advisers will tell you this but conveyancing in Tutbury or throughout Staffordshire is an adversarial experience. In other words, when it comes to conveyancing there exists lots of opportunity for conflict between you and others involved in the ownership transfer. For example, the seller, property agent and even potentially your bank. Selecting a solicitor for your conveyancing in Tutbury is a critical decision as your conveyancer is your adviser, and is the SOLE party in the legal process whose role it is to act in your best interests and to keep you safe.

Every so often a potential adversary will try and convince you that it is in your interests to do things their way. For example, the property agent may claim to be assisting by claiming that your lawyer is wrong. Or your mortgage broker may advise you to do something that is against your conveyancers recommendation. You should always trust your lawyer above all other parties in the home moving process.

Can you clarify what the consequences are if my solicitor is suspended from the Nottingham Solicitor panel ahead of completing my conveyancing in Tutbury?

First, this is a very rare occurrence. 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 at a cost.

Are there restrictive covenants that are commonly picked up during conveyancing in Tutbury?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Tutbury. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I've found a house that appears to be perfect, at a great price which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Tutbury. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Tutbury ?

The majority of houses in Tutbury are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can assist with the conveyancing process. it is apparent that you are purchasing in Tutbury in which case you should be looking for a Tutbury conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.

Leasehold Conveyancing in Tutbury - Sample of Questions you should consider Prior to buying

The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this scenario the leaseholders benefit from control and although a managing agent is usually employed where it is bigger than a house conversion, the managing agent is directed by the tenants. Best to be warned if fixing the lift or some other significant cost is coming up that will be shared by the leasehold owners and will materially impact the level of the maintenance charges or result in a specific payment.