I am nearing exchange of contracts for my maisonette in Wolviston and the EA has just telephoned to warn that the purchasers are switching conveyancer. I am told that this is due to the fact that the lender will only engage with property lawyers on their conveyancing panel. Why would a major mortgage company only engage with specific solicitors rather the firm that they want to choose to handle their conveyancing in Wolviston ?
Mortgage companies have always had panels of law firms that can act for them, but in recent years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Lenders justify this action to a rise in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any sway in the decision.
It is a dozen years since I purchased my home in Wolviston. Conveyancing lawyers have just been instructed on the sale but I can't locate my title documents. Is this a major issue?
Don’t worry too much. First the deeds may be with the lender or they could be archived with the conveyancers who oversaw the purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Almost all conveyancing in Wolviston relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is resolvable.
I know that there are debates on Chancel Insurance on online forums. Am I compelled to take this when purchasing a house in Wolviston? or Apparently there is historic law that could mean that homeowners living in a parish church boundary may be liable to pay for maintenance to the chancel in proximity to the church. Is this appropriate for conveyancing in Wolviston?
Unless a previous acquisition of the house completed post 12 October 2013 you can take it that solicitors conducting conveyancing in Wolviston to continue to recommend a chancel search and or insurance against a claim.
Just had an offer accepted on a new build apartment in Wolviston. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Wolviston
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please confirm the Lease plans are architect prepared. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants.
I have been on the look out for a ground for flat up to £195,000 and identified one close by in Wolviston I like with a park and railway links nearby, however it's only got 51 remaining years left on the lease. There is not much else in Wolviston for this price, so just wondered if I would be making a mistake purchasing a short lease?
Should you require a home loan the remaining unexpired lease term will likely be problematic. Discount the price by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of 2 years you can ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should speak to your conveyancing solicitor concerning this matter.