The Clare conveyancing firm handling our Clare conveyancing has uncovered a difference when comparing the information in the home valuation report and what is in the title deeds. My solicitor has advised that he is obliged to check that the lender is happy with this discrepancy and is still content to lend. Is my lawyer’s approach appropriate?
Your lawyer must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
We're in Clare, FTBs purchasing with a mortgage (lender is Santander , and our lawyer is on the Santander conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Santander conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am assisting my aunt sell her house in Clare. Does the solicitor arrange the EPC or do I organise this?
After the abolition of Home Information Packs, energy performance certificates was left as a compulsory component of selling a house. An energy performance certificate must be commissioned before the property is placed on the market. It is not something that solicitors ordinarily organise. Where you are using a Clare conveyancing practitioner they might be able to arrange energy assessments given their contacts with long established Clare providers
My lawyer has informed me that lack of planning permission insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Clare?
The appropriate level of lack of planning permission indemnity insurance should be dictated by who your lender. It would differ for example between Halifax and Leeds Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Clare lawyer on the UBS panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
My friend advised me that where I am buying in Clare I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is sometimes quoted for as part of the standard Clare conveyancing searches. It is not a small document of more than thirty pages, listing and detailing important information about Clare around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Clare Education with plans and statistics, Local Amenities and other useful data regarding Clare.
Harry (my fiance) and I may need to rent out our Clare basement flat temporarily due to taking a sabbatical. We instructed a Clare conveyancing firm in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?
Your lease dictates relations between the landlord and you the flat owner; in particular, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Clare do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.
I acquired a ground floor flat in Clare, conveyancing formalities finalised October 1999. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Clare with an extended lease are worth £186,000. The average or mid-range amount of ground rent is £55 per annum. The lease terminates on 21st October 2078
You have 52 years unexpired the likely cost is going to range between £29,500 and £34,000 plus professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more comprehensive due diligence. Do not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.
My brother-in-law has suggested I instruct a conveyancing solicitor in Clare. I need to find out if they are on the bank's approved list of lawyers. Could you help?
You should contact your lawyer and ask them if they are on the bank's approved list. If that does not help get in touch with us and we can make some checks for you. Should the firm not be on the bank panel we can certainly arrange a specialist conveyancing solicitor in Clare on the approved list for your mortgage company.