I do hope you can help me. My Wimborne conveyancer is assuring me that he is legally obliged toconduct Wimborne conveyancing searches becausethe firm are on the Santanderapproved lawyer panel. Do I not have any say here?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Wimborne conveyancing searches.
I own a freehold house in Wimborne but still pay rent, why is this and what is this?
It is rare for properties in Wimborne and has limited impact for conveyancing in Wimborne but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.
The deeds to our property are lost. The solicitors who dealt with the conveyancing in Wimborne 5 years ago have long since closed. Will I be able to sell the house?
In today’s world there are duplicates made of almost everything, and your conveyancer should be aware exactly where to find all the appropriate documentation so you may buy or dispose of your house without any difficulty. If copies can’t be found, your solicitor can put in place insurance or indemnities against future claims on the premises.
What tools are available to search for a Wimborne solicitor on the Nottingham Building Society conveyancing panel? I have a car and am prepared to travel upto 10miles to meet the lawyer.
Feel free to make use of the search on this website. Please select a mortgage company and your location and you will see a number of Wimborne conveyancing lawyers locally. We have listed some Wimborne conveyancing firms at the bottom of this page and you can call them to check whether they are on the Nottingham Building Society member panel
Last March I purchased a leasehold house in Wimborne. Do I have any liability for service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Wimborne Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing
Please note if it is no more than 80 years it will have adverse implications on the marketability of the apartment. It is worth checking with your mortgage company that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will probably need a lease extension at some point and it is worth finding out how much this will be. Remember, in most cases you will be be obliged to have owned the residence for two years in order to be entitled to exercise a lease extension. Does the lease have onerous restrictions?