I am one month into the sale of my maisonette in Barnsley and the EA has just text me to say that the buyers are changing their property lawyer. The excuse is that the mortgage company will only work with property lawyers on their conveyancing panel. On what basis would a major mortgage company only work with certain law firms rather the firm that they want to select to handle their conveyancing in Barnsley ?
UK lenders have always had an approved set of law firms that can act for them, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Banks point to the increase in fraud as the reason for the reduction – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices 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. The buyers are unlikely to have any sway in the decision.
Forgive me if this question is silly but I am unexperienced as FTB of a garden flat in Barnsley. Do I collect the keys to the property on the completion date from my solicitor? If this is the case, I will find a High Street conveyancing solicitor in Barnsley?
On the day of completion you do not need to attend the conveyancers office in Barnsley. Conveyancing lawyers for you will electronically transfer the purchase money to the seller's lawyers, and shortly after the monies have arrived, you should be able to collect the keys from the property Agents and start moving into the property. Usually this happens early afternoon.
I have paid off my mortgage with Clydesdale. I assume I don't need a Barnsley solicitor on the Clydesdale panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Clydesdale mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Clydesdale mortgage from the register. Clydesdale, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Barnsley off the council. I have a mortgage agreed with Clydesdale. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Clydesdale, you will need to appoint a solicitor on the Clydesdale conveyancing panel.
My relative advised me that where I am purchasing in Barnsley I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is occasionally quoted for as part of the standard Barnsley conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Barnsley around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful information concerning Barnsley.
Are there restrictive covenants that are commonly identified as part of conveyancing in Barnsley?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Barnsley. 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 am looking for a leasehold apartment up to £195,000 and identified one close by in Barnsley I like with a park and transport links in the vicinity, however it's only got 52 remaining years left on the lease. I can't really find anything else in Barnsley suitable, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you need a mortgage that many years may be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if not already taken into account. If the existing proprietor has owned the property for at least 2 years you can request that they start the process of the extension and pass it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this matter.
I am thinking of appointing a conveyancing lawyer in Barnsley for my sale. Is it possible to see a solicitor's record with the legal regulator?
Anyone may see documented Solicitor Regulator Association (SRA) decisions resulting from investigations started on or after 1 January 2008. Go to Check a solicitor's record. To find information Pre 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The regulator may monitor telephone calls for training purposes.