I do hope you can assist me. My Buckden solicitor is advising me that he has toapply for Buckden conveyancing searches asthe firm are on the Nat Westsolicitor panel. Do I not have any options here?
Unfortunately both you and your lawyer have little choice here. As you are taking a home loan with a lender your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Buckden conveyancing searches.
I am selling my house in Buckden. Will my lawyer have to be required to be on the Santander conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the Santander conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
Should my solicitor be raising questions concerning flooding during the conveyancing in Buckden.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Buckden. Some people will acquire a property in Buckden, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to impart advice on flood risk, however there are a various checks that can be undertaken by the buyer or by their conveyancers which can give them a better understanding of the risks in Buckden. The conventional set of property information forms given to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to find out whether the premises has historically flooded. If the premises has been flooded in past which is not revealed by the owner, then a buyer could bring a legal claim for losses resulting from an misleading answer. The purchaser’s conveyancers should also commission an environmental report. This should higlight whether there is a recorded flood risk. If so, more detailed investigations will need to be made.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Buckden?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Buckden. 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…’
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a simple, no chain conveyancing. Buckden is the location of the property. Can you offer any opinion?
Flying freeholds in Buckden are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Buckden you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Buckden 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 residence.
In my capacity as executor for the estate of my grandmother I am disposing of a residence in Neath but I am based in Buckden. My lawyer (who is 260 kilometers awayrequires that I sign a statutory declaration ahead of the transaction finalising. Could you suggest a conveyancing lawyer in Buckden who can attest and place their company stamp on the document?
Technically speaking you should not be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will suffice regardless of whether they are located in Buckden