As someone not used to the New Forest conveyancing process what’s your top tip you can give me concerning the house moving process in New Forest
Not many law firms shout this from the rooftops but conveyancing in New Forest or throughout Hampshire is an adversarial experience. In other words, when it comes to conveyancing there exists an abundance of room for conflict between you and other parties involved in the house moving process. For instance, the vendor, property agent and even potentially a bank. Selecting a lawyer for your conveyancing in New Forest should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose responsibility is to protect your legal interests and to keep you safe.
Every so often a third party with a vested interest will try and sway you that you should follow their advice. For instance, the selling agent may claim to be helping by suggesting your conveyancer is dragging his heels. Or your mortgage broker may try to convince you to do take action that is against your solicitors recommendation. You should always trust your lawyer above all other parties in the home moving process.
We wanted to use a property lawyer in New Forest for our home move. Our financial adviser informed us that our mortgage company National Westminster Bank won't deal with them. Why is this not regarded as unduly restrictive?
Mortgage Companies normally imposes restrictions either the category or the amount of conveyancing firms on their panel. A common example of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to act for them. You should note that National Westminster Bank have no responsibility for the quality of advice provided by any member of National Westminster Bank Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of solicitor panels a few years ago even though there remains mixed views regarding the extent of solicitor engagement in some of that fraud. Statistics from the Land Registry indicate that plenty of law firms, including some in or near New Forest only carry out very few conveyances a year.
I've recently found out that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a quick, chain free conveyancing. New Forest is the location of the property. Can you shed any light on this issue?
Flying freeholds in New Forest are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in New Forest you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in New Forest may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
In what way does the Landlord & Tenant Act 1954 impact my commercial offices in New Forest and how can you help?
The 1954 Act gives a safeguard to commercial tenants, granting the legal entitlement to apply to court for a new lease and continue in occupation when the lease reaches an end. There are limited grounds where a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in New Forest
I have been sourcing a conveyancing practitioner in New Forest for my sale. Can I check a solicitor's complaints history with the legal regulator?
Members of the public can see presented Solicitor Regulator Association (SRA) determinations arising from inquisitions from 2008 onwards. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The regulator could recorded call for training purposes.
We have selected a New Forest conveyancing solicitor for our house purchase (first time buyers) and have spotted in the engagement letter that they are not overseen by the FCA. Need I be worried or is that usually the case with conveyancing practitioner?
We can't see why they should be. Most property lawyer don't lend money. They will be governed by the SRA, who dictate strict obligations regulating amounts held by them.