My husband and I are buying a 2 bedroom flat in Chipstead with a mortgage. We like our Chipstead solicitor, but the mortgage company says he's not on their "panel". We have to appoint one of the lender panel solicitors or keep our Chipstead property lawyer as well as pay for one of their panel firms to represent them. We feel that this is unjust; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Chipstead conveyancing lawyer to apply to be on the conveyancing panel.
This question may be naive but I am wet behind the ears as FTB of a ground floor flat in Chipstead. Do I pick up the keys to the house on completion from my conveyancer? If so, I will instruct a High Street conveyancing solicitor in Chipstead?
On the day of completion you do not need to go to the conveyancers office in Chipstead. Conveyancing lawyers for you will transfer the completion advance to the seller's lawyers, and shortly after the monies have arrived, you will be able to pick up the keys from the property Agents and move into your new home. This tends to happen between 1 and 3pm.
My wife and I buying a terrace house in Chipstead. The intention is to convert the garage to a playroom at the property.Will the conveyancing process involve checks to ascertain if these works are prohibited?
Your conveyancer will check the registered title as conveyancing in Chipstead can occasionally reveal restrictions in the title documents which prevent categories of works or require the permission of another owner. Certain extensions call for local authority planning consent and approval in compliance with building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be wise to check these things with a surveyor before you commit yourself to a purchase.
Does a directory service exist listing Clydesdale panel conveyancers in Chipstead on the Council of Mortgage Lender’s Website?
Unfortunately not yet. There is no such facility on the CML or Building Society Association sites. Very few mortgage companies make their panel listings visible over the internet. Where you are in need of a Chipstead solicitor on the Clydesdale please use our tool.
A friend advised me that if I am buying in Chipstead I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually quoted for as part of the standard Chipstead conveyancing searches. It is not a small document of more than thirty pages, listing and detailing significant information about Chipstead around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Chipstead Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with plans and statistics, Local Amenities and other useful data about Chipstead.
Are there restrictive covenants that are commonly identified during conveyancing in Chipstead?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Chipstead. 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…’
What advice can you give us when it comes to finding a Chipstead conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Chipstead conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Chipstead conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:
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How familiar is the practice with lease extension legislation? Can they put you in touch with clients in Chipstead who can give a testimonial?
I am the proprietor of a second floor flat in Chipstead. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for the purchase of the freehold?
in cases where there is a missing freeholder or if there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to judgment on the price.
An example of a Freehold Enfranchisement matter before the tribunal for a Chipstead 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 related to 3 flats. The remaining number of years on the lease was 75 years.
Me and my partner are purchasing a three room bungalowin Chipstead with a residential mortgage from a mortgage company. We wish to instruct our lawyer in Chipstead however our lender says she’s not on their "panel". Apparently we need to choose one of the our lender panel solicitors or stay with our Chipstead solicitor and pay for one of their panel ones to represent our bank. This seems very unfair; Can we not simply insist that our lender use our Chipstead lawyer?
No, not really. The mortgage company mortgage issued is subject to conditions, one of which will be that lawyers will on the mortgage company's conveyancing panel. Until recently, most mortgage companies had open panels, including almost all conveyancing solicitors in Chipstead : a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for your lender.