As I am unsure how the conveyancing process works what is the most important piece of guidance you can impart concerning purchase conveyancing in Doncaster?
You may not hear this from too many lawyers but conveyancing in Doncaster and elsewhere in South Yorkshire is an adversarial process. In other words, when it comes to conveyancing there is lots of room for friction between you and others involved in the ownership transfer. For example, the seller, property agent and sometimes a mortgage company. Selecting a law firm for your conveyancing in Doncaster an important selection as your conveyancer is your adviser, and is the ONLY party in the legal process whose responsibility is to act in your legal interests and to protect you.
We are witnessing a distinct creep in the "blame" culture- someone has to be at fault for the process being so protracted. We recommend that you must always trust your solicitor ahead of the other parties when it comes to the legal transfer of property.
We're in Doncaster, First timers buying with a mortgage (lender is HSBC , and our lawyer is on the HSBC conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the HSBC conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no 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.
Should my solicitor be making enquiries regarding flooding during the conveyancing in Doncaster.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Doncaster. Some people will buy a house in Doncaster, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the premises. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to impart advice on flood risk, but there are a various checks that may be undertaken by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Doncaster. The standard property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the seller to discover whether the property has suffered from flooding. If flooding has previously occurred and is not disclosed by the seller, then a purchaser may issue a legal claim for losses resulting from an misleading answer. A buyer’s solicitors should also commission an environmental search. This should disclose whether there is a recorded flood risk. If so, additional inquiries will need to be carried out.
I have recentlyfound out that Stirling Law have closed. They carried out my conveyancing in Doncaster for a purchase of a leasehold apartment 10 months ago. How can I check that my home is in my name in the name of the former proprietor?
The easiest method to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Doncaster conveyancing specialists.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Doncaster is where the house is located. Can you shed any light on this issue?
Flying freeholds in Doncaster are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Doncaster you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Doncaster may ascertain 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 premises.
My father-in-law mentioned that before choosing a conveyancing firm they need approved by your mortgage company. I am a FTB but I have an AIP with Nat West Bank and I already have a local conveyancing solicitor in Doncaster on standby. Does Santander require an approved lawyer to be selected? Does a directory of approved conveyancers even exist so I can pick a conveyancing lawyer in Doncaster?
You need to use a solicitor that is on the Santander panel. Just telephone your chosen Doncaster conveyancing solicitor and ask if they are on the Santander panel. If they are not on the panel you have a number of alternatives available to you here:
- Proceed with your existing Doncaster lawyer but Santander will undoubtedly instruct a conveyancer on their conveyancing panel. This will result in additional charges and potential interruption.
- Get a fresh solicitor to conduct the conveyancing, making sure they are on the Santander conveyancing panel.
- Appeal to your property lawyer to attempt to join the bank panel.