It is is a decade since I acquired my home in Winterbourne. Conveyancing lawyers have now been instructed on the sale but I am unable to find the deeds. Is this a major issue?
You need not be too concerned. Firstly the deeds may be with your mortgage company or they could stored with the conveyancers who oversaw the purchase. Secondly in most cases the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Winterbourne involves registered property but in the rare situation where your home is unregistered it is more of a problem but is not insurmountable.
We're in Winterbourne, First time buyers purchasing with a mortgage (lender is Aldermore , and our solicitor is on the Aldermore conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Aldermore conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Are there restrictive covenants that are commonly picked up during conveyancing in Winterbourne?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Winterbourne. 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 decided to have a survey carried out on a property in Winterbourne ahead of appointing conveyancers. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some banks tend refuse to give a loan on this type of premises.
It varies from the lender to lender. Santander has different requirements from Birmingham Midshires. If you e-mail us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Winterbourne. Conveyancing will be smoother if you use a solicitor in Winterbourne especially if they are acquainted with such properties in Winterbourne.
My husband and I are new to the buying process - had an offer accepted, yet the selling agent advised that the vendor will only go ahead if we use the agent's recommended conveyancers as they need an ‘expedited deal’. My instinct tells me that we should use a local solicitor used to conveyancing in Winterbourne
We suspect that the seller is not behind this request. Should the seller want ‘a quick sale', taking such a hostile approach to a motivated purchaser is likely to cause more damage than good. Contact the owners directly and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you wish to move quickly (e)however you will continue to appoint your preferred Winterbourne conveyancing solicitors - not the ones that will provide their negotiator at the agency a kickback or achieve conveyancing figures demanded by senior management.