What does my ID and proof of funds have anything to do with my conveyancing in Durham? Why is this being asked of me?
Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to verify the identity of the potential client they are dealing with prior to agreeing to accepting their conveyancing retainer. The Terms of Engagement that you are required to sign will no doubt reaffirm this. Your lender will also require certain documents to be checked. If you are unwilling to provide identification documents, your conveyancer would not be able to accept instructions from you.
My uncle pointed out to me me that in buying a property in Durham there may be various restrictions preventing external changes to a property. Is this right?
We are aware of anumerous of properties in Durham which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Durham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
The mortgage over my property is with Barclays for my property in Durham. Conveyancing was finalised a year ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Barclays?
Barclays must be informed of your intention before renting your property as this is likely to be a breach of Barclays’s mortgage conditions. It may be that Barclays will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Barclays directly. You need not do this via a Barclays conveyancing panel lawyer.
I am selling my flat. I had a double glazing fitted in August 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Bank of Ireland are being a right pain. The Durham solicitor who is on the Bank of Ireland conveyancing panel is saying indemnity insurance will be fine but Bank of Ireland are requiring a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have todaybeen informed that Stirling Law have been shut down. They conducted my conveyancing in Durham for a purchase of a leasehold apartment 18 months ago. How can I be sure that my home is registered correctly in the name of the former proprietor?
The quickest way to see if the premises 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 Durham conveyancing specialists.
I am a fortnight into a residential purchase having been referred to solicitors by the selling agent to do our conveyancing in Durham. We are not happy. Could you help me find new lawyers?
They would have to be very poor in order to consider changing them. Has the mortgage been issued? In the event that it has you must inform them of the replacement lawyer and ensure the loan are issued to the new lawyers. Your new solicitor ideally should be on the mortgage company panel to avoid escalating charges and delays. So that should be your first question of the new solicitors. The find a solicitor tool will assist you in finding a lender approved conveyancer for your conveyancing in Durham
Planning to sign contracts shortly on a studio apartment in Durham. Conveyancing lawyers inform me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Durham should include some of the following:
specifics of the parties to the lease, for instance these could be the tennant, head lessor, landlord Defining your rights in relation to the communal areas in the building.E.G., does the lease provide for a right of way over a path or staircase? Repair and maintenance of the flat Ground rent - how much and what the invoice dates are, and also know whether this is subject to change Whether your lease caters for for a reserve fund?
Leasehold Conveyancing in Durham - Sample of Queries Prior to buying
Generally speaking the outlay for major works tend not to be included within service charges, although a few managing agents in Durham ask leaseholders to contribute towards a sinking fund and this is used to offset against larger works. Best to be warned whether window replacement or some other major work is due shortly to be shared by the leasehold owners and could well materially increase the the maintenance fees or result in a specific payment. The majority of Durham leasehold flats will incur a service bill for the upkeep of the block levied by the landlord. Where you acquire the flat you will have to pay this amount, usually quarterly during the year. This may vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a ground rent to be met annual, normally this is not a exorbitant figure, say about £50-£100 but you need to enquire as occasionally it could be many hundreds of pounds.
Me and my husband are disposing of a Durham house we inherited 8 years ago in 2010. I have over a decades worth of conveyancing experience and, now retired, see no reason not to carry out my own legal work. The buyer's property lawyer has informed me that their mortgage company will not allow you to do your own conveyancing requiring the funds to be released via a solicitor's bank account.
Mortgage instructions to conveyancing practitioners from all CML members specify that If the seller does not have legal representation the purchaser’s lawyers should check whether the lender needs to be told so that a decision can be reached if they are willing to progress.