Am I correct in assuming that the fact that my solicitor in Blackwall is not on my lender's conveyancing panel that there is a problem with the standard of his work?
That is more than likely an incorrect assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack 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 simply call the Blackwall conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
My wife and I are selling our property in Blackwall and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. A local conveyancer would know that there is no such problem. It does beg the question why the purchasers are using a national conveyancing practice rather than a conveyancing solicitor in Blackwall. We have lived in Blackwall for 5 years we know that this is a non issue. Should we contact our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing solicitor already. Are they able to advise? You need to 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 illness)
Are there restrictive covenants that are commonly picked up as part of conveyancing in Blackwall?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Blackwall. 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…’
The estate agent has sent us the confirmation of our purchase of a new build apartment in Blackwall. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Blackwall
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. Forfeiture - bankruptcy or liquidation must not apply under this provision.
I opted to have a survey done on a house in Blackwall prior to instructing conveyancers. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some mortgage companies will refuse to grant a mortgage on a flying freehold house.
It depends who your proposed lender is. Santander has different requirements from Birmingham Midshires. If you e-mail us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Blackwall. Conveyancing will be smoother if you use a solicitor in Blackwall especially if they are accustomed to such properties in Blackwall.
I am a couple of weeks into a freehold purchase having been directed to conveyancers by the selling agent to carry out the conveyancing in Blackwall. We are not happy. Could you help me find new solicitors?
A lawyer would need to be very bad in order to consider diss instructing them. Has the loan offer been sent? In the event that it has you will need to advise them of the new contact details and get the offer are issued to the new lawyers. Your new conveyancer needs to be on the lenders approved list to avoid supplemental fees and frustration. That should be your first question of the new lawyers. Our find a solicitor tool can help you find a lender approved lawyer for your home move in Blackwall