We're in Worcestershire, First timers purchasing with a mortgage (lender is Nottingham , and our solicitor is on the Nottingham conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Nottingham 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.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Worcestershire?
There are two types of lawyers who can conduct conveyancing in Worcestershire namely licenced conveyancers or solicitors. The two can administer conveyancing services that required to complete the disposal or acquisition of property. They are both required to execute Worcestershire conveyancing to the same quality and guidelines so you may be sure that your conveyancing will be properly administered and that the requirements and steps will be appropriately followed.
I just bought a flat at auction in Worcestershire. Conveyancing is necessary. What happens now?
Now that you have legally bound yourself to purchase you will need to choose a conveyancing solicitor quickly as you now have a pending a drop dead date to complete the purchase. An auction property should have a bespoke legal pack. This should include the copy title deeds, local authority and drainage searches. Where you are dealing with leasehold premises the legal pack may contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork specific to a leasehold property. You must pass this on to your appointed conveyancing solicitor as soon as possible. You also need to ensure that you have funds in order to complete on the on the contractual date .
Is it the case that all Worcestershire solicitor firms on the RBS conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the RBS approved list of solicitors they would need to be regulated by the SRA. Some banks do list licenced conveyancers on their panel and in such a situation the firms would be regulated by the CLC.
I am downsizing from our home in Worcestershire and the buyers lawyers are claiming that there is a possibility that the property was constructed on contaminated land. A local lawyer would know this is not the case. It does beg the question why the buyers used an internet conveyancing outfit rather than a conveyancing solicitor in Worcestershire. Having lived in Worcestershire for many years we know that this is a non issue. Do we get in touch with our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing firm currently acting for you. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Worcestershire?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Worcestershire. 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 completed on a property in Worcestershire before appointing solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies tend not grant a mortgage on this type of house.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Worcestershire. Conveyancing will be smoother if you use a solicitor in Worcestershire especially if they are acquainted with such properties in Worcestershire.