As I am unsure how the conveyancing process works what is the most important piece of guidance you can give me concerning purchase conveyancing in Caterham?
You may not hear this from too many lawyers but conveyancing in Caterham or throughout England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there exists plenty of opportunity for friction between you and others involved in the ownership transfer. For example, the vendor, estate agent and on occasion a bank. Selecting a solicitor for your conveyancing in Caterham should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the legal process whose interest is to look after your best interests and to protect you.
On occasion a third party with a vested interest will attempt to sway you that it is in your interests to do things their way. As an example, the estate agent may claim to be helping by claiming that your conveyancer is dragging his heels. Or your financial adviser may advise you to do something that is against your conveyancers guidance. You should always trust your lawyer above all other parties in the conveyancing process.
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Caterham?
There are two types of lawyers who can execute conveyancing in Caterham namely CLC regulated conveyancers or solicitors. Both professionals handle the legal services that you need to complete the sale or acquisition of property. They are both required to execute Caterham conveyancing to the same quality and guidelines so you can be sure that your conveyancing will be professionally administered and that the requisite steps should be suitably adhered to.
We previously appointed solicitors with offices in Caterham on the Yorkshire BS solicitor approved list. They have just invoiced me a separate amount for the legal aspects of the Yorkshire BS mortgage. Is this a supplemental conveyancing fee specified by Yorkshire BS?
Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer can charge a fee for this. This fee is not set by Yorkshire BS but by your Caterham conveyancing practitioner. Numerous firms on the Yorkshire BS panel will levy an ‘acting for lender’ fee but some firms incorporate it on their overall fee.
It is unclear whether my lender requires a lease extension. I have called my Caterham building society branch on a couple of occasions and was told it does not affect the mortgage offer and they would lend. My Caterham conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend based on their published requirements. I have no idea who is right.
Your solicitor must follow the CML Handbook section two provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I purchased a 4 bedroom Victorian house in Caterham. Conveyancing practitioner represented me and Birmingham Midshires. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold with the matching address. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Caterham and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with the conveyancing practitioner who conducted the work.
I opted to have a survey done on a house in Caterham ahead of appointing lawyers. I have been told that there is a flying freehold element to the property. Our surveyor has said that some banks will refuse to grant a mortgage on this type of home.
It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. If you call us we can look into this further 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 Caterham. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a couple of weeks into a freehold purchase having been recommend to conveyancers by the estate agent to perform conveyancing in Caterham. I am am very dissatisfied with the level of service. Could you you assist me in finding new solicitors?
A solicitor would need to be very poor to suggest replacing them. Has the mortgage offer been sent? If so you need to inform them of the new contact details and have the mortgage documents are issued to the new lawyers. The solicitor ideally needs to be on the lenders panel to avoid escalating costs and delays. That should be your first question of the new lawyers. Our search tool will assist you in finding a bank approved solicitor for your home move in Caterham
I am in need of some leasehold conveyancing in Caterham. Before I get started I want to be sure as to the remaining lease term.
Assuming the lease is recorded at the land registry - and 99.9% are in Caterham - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have had difficulty in trying to purchase the freehold in Caterham. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to decide the premium.
An example of a Freehold Enfranchisement matter before the tribunal for a Caterham flat is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case affected 3 flats. The unexpired term was 75 years.