My fiance and I are looking to acquire a flat in Driffield and are in fact using a Driffield conveyancing practice. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Halifax have this morning contacted us to inform me that they have now hit a problem as our Driffield solicitor is not on their approved list of lawyers. Please explain?
When purchasing a property with the benefit of a mortgage it is standard for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel as you are at liberty to use your preferred Driffield lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
My lawyer has uncovered a a legal deficiency with the lease for the apartment we are purchasing in Driffield. The seller’s lawyers have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer says that he must ensure that the lender is content with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
Are there restrictive covenants that are commonly picked up during conveyancing in Driffield?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Driffield. 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…’
Just had an offer accepted on a new build apartment in Driffield. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Driffield
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Due to the advice of my in-laws I had a survey completed on a property in Driffield in advance of appointing conveyancers. I have been told that there is a flying freehold element to the house. Our surveyor has said that some lenders will not issue a loan on this type of property.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Halifax. If you contact us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Driffield. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Driffield to see if the conveyancing will be more expensive.
How do I identify a Driffield solicitor on the Yorkshire Building Society conveyancing panel? I have wheels and am willing to travel upto 20miles to meet the solicitor.
Feel free to make use of the tool on this page. Please choose the lender and your location and you will see a number of Driffield conveyancing lawyers located nearest you. We have listed some Driffield conveyancing firms towards the end of this page and you can call them to check if they are on the Yorkshire Building Society panel