I am obtaining a mortgage with Lloyds. I intend to retain the legal services of a Licensed Conveyancer in Colyers. Does the Lloyds Conveyancing panel exclude Licensed Conveyancers?
The Lloyds conveyancing panel is, like many other lenders, associated to the CML or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
Can you help? My Colyers solicitor is assuring me that he is legally obliged toconduct Colyers conveyancing searches asthe firm are on the Nat Westsolicitor panel. Is my lawyer correct?
You have limited options available to you. Given that you are taking out a loan with a mortgage company your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Colyers conveyancing searches.
I am selling our home in Colyers and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. Any local lawyer would know this is not the case. It does beg the question why the buyers are using an internet conveyancing firm as opposed to a conveyancing solicitor in Colyers. We have lived in Colyers for 4 years we know that this is a non issue. Should we get in touch with our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Are there restrictive covenants that are commonly identified during conveyancing in Colyers?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Colyers. 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…’
How does conveyancing in Colyers differ for new build properties?
Most buyers of new build property in Colyers come to us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is finished. This is because new home sellers in Colyers typically purchase the land, 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 property lawyers 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 Colyers or who has acted in the same development.
I have just started marketing my garden flat in Colyers.Conveyancing has not commenced however I have recently received a yearly maintenance charge invoice – what should I do?
The sensible thing to do is discharge the service charge as usual as all ground rent and maintenance charges should be apportionedas part of the financial calculations for completion monies, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process