My partner and I are intent on buying a ground floor flat in Castelnau. My Conveyancer is not listed on the mortgage company solicitor list. Is it possible for me to use my Castelnau conveyancing solicitor even though they are not on the mortgage company list of approved lawyers?
Your options include
- Proceed with your existing Castelnau conveyancer but your lender will undoubtedly use a conveyancer from their approved list. The net result is additional fees together with likely interruption.
- Appoint a fresh lawyer to act in the purchase, ensuring that they are on the mortgage company conveyancing panel.
- Convince your lawyer to attempt to join the lender panel
We wanted to use a property lawyer in Castelnau for our house move. Our financial adviser has since notified us that our mortgage lenders Lloyds TSB Bank won't deal with them. Surely this is unfair competition?
Pre- 2008 most lenders had a different appetite for risk. Almost all Castelnau conveyancing firms would have been on many mortgage company panels. The FSA in 2010 carried out a thematic investigation into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, mortgage companies have regularly sought more information from law firms concerning their operations and the individuals who work for them and set certain criteria such a completing on a minimum amount of conveyancing. Many Castelnau conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Castelnau is amongst the thousands of areas where the lawyers we recommend are are approved Lloyds TSB Bank.
Will commercial conveyancing searches disclose impending roadworks that may affect a commercial property in Castelnau?
Its becoming the norm that commercial conveyancing solicitors in Castelnau will order a SiteSolutions Highways report as it reduces the time that conveyancers spend in sourcing accurate data on highways that impact buildings and development assets in Castelnau. The report provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Castelnau.
For each commercial conveyancing transaction in Castelnau it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can result in delays to Castelnau commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not carried out for residential conveyancing in Castelnau.
Due to the advice of my in-laws I had a survey completed on a property in Castelnau prior to retaining lawyers. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies will refuse to issue a loan on a flying freehold property.
It varies from the lender to lender. Lloyds has different instructions from Halifax. If you contact us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Castelnau. Conveyancing may be slightly more expensive based on your lender's requirements.
Is it best to use a Castelnau conveyancing solicitor based in the area that I am purchasing? An old friend can conduct the conveyancing however his firm is located 300miles drive away.
The benefit of a high street Castelnau conveyancing firm is that you can pop in to sign documents, present your identification documents and pester them where appropriate. They will also have local intelligence which is a bonus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust instructed your friend and on the whole were happy that must outweigh using an unknown Castelnau conveyancing lawyer solely due to them being local.
I've found a house that seems to meet my requirements, at a great figure which is making it more attractive. I have since been informed that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Castelnau. Conveyancing lawyers have not yet been instructed. Will they explain the issues?
The majority of houses in Castelnau are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can help the conveyancing process. We note that you are purchasing in Castelnau in which case you should be looking for a Castelnau conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor should advise you fully on all the issues.
Having spent months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Castelnau. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to determine the sum to be paid.
An example of a Freehold Enfranchisement case for a Castelnau property is 19 Crisp Road in June 2009. Following a vesting order (Under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993) The tribunal determined that the premium payable for the acquisition of the freehold was £33,756,apportioned as to£12,285 for the lower at and £21,471for the upper fat. This case affected 2 flats. The remaining number of years on the lease was 68.32 years.