I plan on buying a leasehold flat in Cirencester. My Conveyancer is not on the lender solicitor panel. Am I still permitted to continue with my Cirencester conveyancing solicitor notwithstanding that they are not on the lender panel?
You will need to instruct a conveyancer to deal with the legal work required if you require a loan to buy your property. The solicitor will carry out all the essential investigations on the property, make sure that you’re registered as proprietor and ensure that all the required mortgage paperwork is dealt with. One may select a Cirencester conveyancing practitioner of your choosing. Nevertheless, if the property lawyer appointed is not on the bank solicitor panel further charges will be levied as separate legal representation will be required by them. Conveyancing panel applications can be submitted, so provided your solicitor has not historically sought membership they can do so.
My uncle passed away six months ago and as sole heir and executor I was left the house in Cirencester. The house had a small mortgage left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Nationwide, pay off the mortgage. Is this possible?
Given you plan to re-mortgage then Nationwide will insist on your using a conveyancer on the Nationwide conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nationwide conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nationwide mortgage is registered as a charge at the Land Registry.
I understand that there are debates on Chancel Insurance on online forums. Do I need this when acquiring a property in Cirencester? or I am told that there is a law dating back centuries that means some owners of property residing in a parish church boundary may be liable to pay for repairs towards the chancel in proximity to the church. Is this suitable for conveyancing in Cirencester?
Unless a prior purchase of the property took place after 12 October 2013 you may expect solicitors conducting conveyancing in Cirencester to continue to recommend a chancel search and or chancel repair liability policy.
How does conveyancing in Cirencester differ for newly converted properties?
Most buyers of new build property in Cirencester contact us having been asked by the seller to sign contracts and commit to the purchase even before the house is built. This is because new home sellers in Cirencester tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Cirencester or who has acted in the same development.
I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what was supposed to be a quick, chain free conveyancing. Cirencester is where the house is located. What do you suggest?
Flying freeholds in Cirencester are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cirencester you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cirencester may determine 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.
A licensed conveyancer dealt with my conveyancing in Cirencester four years past and was holding my deeds but has now closed – What steps do I now take to retreive these?
Deeds, as such, no longer exist as the majority of properties in Cirencester are registered digitally at Land Registry. Where you need to establish evidence of proprietorship or are selling or refinancing your conveyancer can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.