Our solicitor has uncovered a defect with the lease for the apartment we are buying in Burton Latimer. The other side have offered title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor says that he must be satisfied that the mortgage company is happy with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
Finally the sale completed on my house in Burton Latimer last December but the buyer keeps e-mailing daily complaining that their solicitor needs to hear from mine. What are the post completion sale formalities following completion?
Following your disposal your solicitor should deliver the transfer documentation and all additional paperwork to the purchaser's lawyers. Depending on the transaction, your solicitor must also confirm that the home loan has been redeemed to the buyers solicitors. There is unlikely to be post completion requirements just for conveyancing in Burton Latimer.
We are buying a detached bungalow in Burton Latimer. The intention is to carry out an extension to the side at the house.Will legal due diligence on the property include checks to ascertain if these alterations are permitted?
Your solicitor should check the registered title as conveyancing in Burton Latimer can occasionally reveal restrictions in the title deeds which restrict certain works or necessitated the consent of a 3rd party. Many additions call for local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
We previously selected solicitors with offices in Burton Latimer on the Principality solicitor panel. They are now charging me an additional fee for handling the Principality mortgage. Is this a supplemental conveyancing fee specified by Principality?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your property lawyer can charge a fee for this. This fee is not dictated by Principality but by your Burton Latimer property lawyer. Some firms on the Principality panel will charge an ‘acting for lender’ fee but many practices incorporate it on their overall fee.
I have instructed a Burton Latimer conveyancing practitioner having made sure that they are on the Santander conveyancing panel. Does my lawyer arrange the survey of the property?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander 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. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Burton Latimer postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Burton Latimer.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to have this when acquiring a house in Burton Latimer? or Apparently there is a law dating back centuries that means some owners of property living in a parish church boundary will be compelled to contribute towards repairs to the chancel in proximity to the church. Is this a legitimate concern for conveyancing in Burton Latimer?
Unless a prior acquisition of the property took place after 12 October 2013 you could expect lawyers delivering conveyancing in Burton Latimer to remain recommending a chancel search and or chancel repair liability policy.
I used Action Conveyancing several years ago for my conveyancing in Burton Latimer. I now require my papers but the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Burton Latimer of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
In my capacity as executor for the estate of my father I am selling a property in Monmouth but live in Burton Latimer. My solicitor (approximately 200 kilometers awayrequires that I sign a stat dec ahead of the transaction finalising. Could you suggest a conveyancing solicitor in Burton Latimer to attest and place their company stamp on the document?
Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Normally any notary public or solicitor will be fine regardless of whether they are Burton Latimer based