Is the fact that my solicitor in Doncaster is not on my lender's solicitor panel that there is a problem with the standard of his conveyancing?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Doncaster conveyancing practice and ask them why they are no longer on the approved list for your lender.
My partner and I are close to exchanging contracts on the sale of our property in Doncaster and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. Any local conveyancer would know this is not the case. It does beg the question why the buyers used a national conveyancing firm rather than a conveyancing solicitor in Doncaster. Having lived in Doncaster for six years we know that this is a non issue. Do we contact our local Authority to seek clarification that there is no issue.
It would appear that you have a conveyancing solicitor already. What do they say? You need to enquire of 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 picked up during conveyancing in Doncaster?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Doncaster. 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 Doncaster differ for newly converted properties?
Most buyers of new build premises in Doncaster come to us having been asked by the builder to exchange contracts and commit to the purchase even before the house is finished. This is because builders in Doncaster typically buy 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 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 accustomed to new build conveyancing in Doncaster or who has acted in the same development.
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Doncaster is the location of the property. Can you shed any light on this issue?
Flying freeholds in Doncaster are unusual 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 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 premises.
I’m about to sell my garden flat in Doncaster. Conveyancing solicitors are to be appointed soon, but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is discharge the service charge as you normally would as all ground rent and maintenance charges should be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most management companies 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.
Doncaster Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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Who are the managing agents? The majority of Doncaster leasehold flats will be liable to pay a service charge for the upkeep of the block set by the management company. Should you buy the apartment you will have to meet this liability, normally in instalments during the year. This can differ from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay annual, normally this is not a large figure, say approximately £25-£75 but you should to check as sometimes it can be many hundreds of pounds. Are there any major works on the horizon that will likely add a premium to the service costs?