Is the fact that my solicitor in Badminton is not on my mortgage company's solicitor panel that there is a problem with the standard of his work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Badminton conveyancing practice and enquire why they are no longer on the approved list for your mortgage company.
It is a dozen years since I acquired my property in Badminton. Conveyancing lawyers have just been appointed on the sale but I am unable to find my title documents. Is this a problem?
Don’t worry too much. First there is a possibility that the deeds will be with the mortgage company or they could be in the possession of the lawyers who acted in your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Badminton relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is resolvable.
I am being told by my solicitor that flying freehold insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Badminton?
The appropriate level of flying freehold indemnity insurance should be dictated by who your lender. It would differ for example between Barclays and Barnsley Building Society. Conveyancing lawyers as opposed to borrowers take out such policies.
My partner and I have arranged the release of further monies on our home loan from Bank of Ireland as we wish to carry out improvements to our house in Badminton. Are we obliged to select a nearby Badminton solicitor on the Bank of Ireland conveyancing panel to handle the legals?
Bank of Ireland would not normally appoint a member of their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Bank of Ireland panel.
I've read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Badminton solicitor - who is on the Clydesdale conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Badminton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Should commercial conveyancing searches reveal planned roadworks that could affect a commercial premises in Badminton?
Many commercial conveyancing solicitors in Badminton will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in looking into accurate data on highways that impact buildings and development assets in Badminton. The report provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Badminton.
For each commercial conveyancing transaction in Badminton it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can cause delays to Badminton commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not carried out for residential conveyancing in Badminton.
Having checked my lease I have discovered that there are only Fifty years remaining on my lease in Badminton. I now want to extend my lease but my landlord is can not be found. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you have made all reasonable attempts to track down the landlord. In some cases an enquiry agent would be helpful to carry out a search and prepare a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Badminton.
Leasehold Conveyancing in Badminton - A selection of Queries before Purchasing
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Most Badminton leasehold properties will be liable to pay a service charge for maintenance of the block invoiced on behalf of the freeholder. If you buy the apartment you will have to meet this charge, usually periodically accross the year. This could vary from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a ground rent for you to pay annual, this is usually not a large sum, say about £25-£75 but you should to check as sometimes it can be many hundreds of pounds. You will want to discover as much as you can regarding the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to practical issues like the upkeep of the communal areas. Enquire of other tenants what they think of them. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the relevant party and precisely what it includes. Be sure to enquire if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in in a block in Badminton. If you love the flatin Badminton but your dog is not allowed to live with you then you will be faced difficult compromise.
Is it necessary during the course of the conveyancing process to attend the offices of the bank conveyancing panel solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Badminton as it will be easier to attend their offices if required.
As opposed to 15 years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Badminton.