It is a dozen years since I acquired my property in Earls Court. Conveyancing lawyers have just been retained on the sale but I am unable to track down the deeds. Is this a major issue?
You need not be too concerned. Firstly there is a possibility that the deeds will be with your lender or they may be archived with the conveyancers who acted in the purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Earls Court involves registered property but in the rare situation where your home is unregistered it adds to the complexity but is resolvable.
Various internet forums that I have come across warn that are the primary cause of obstruction in Earls Court conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any delay in conveyancing in Earls Court.
How does conveyancing in Earls Court differ for new build properties?
Most buyers of new build or newly converted property in Earls Court contact us having been asked by the seller to exchange contracts and commit to the purchase even before the house is constructed. This is because developers in Earls Court tend to acquire the site, 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 used to new build conveyancing in Earls Court or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a property in Earls Court before appointing solicitors. I have been advised that there is a flying freehold overhang to the house. The surveyor advised that some banks may not grant a mortgage on this type of property.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Birmingham Midshires. If you e-mail us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Earls Court. Conveyancing will be smoother if you use a solicitor in Earls Court especially if they are acquainted with such properties in Earls Court.
I need to find a conveyancing solicitor for remortgage conveyancing in Earls Court. I've discover a site which seems to have the perfect answer If there is a chance to get all this stuff done via phone that would be ideal. Do I need to be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
My partner and I are FTB’s just having agreed a price on a property in Earls Court, and are now looking to get solicitors lined up. I have made use of the different rating based websites and the quotes are from all across the country. Is it important to have a Earls Court conveyancer local to the potential property? We are happy to do everything over the internet, but I guess at some stage we will need to visit the solicitor's office to sign papers?
There is no requirement to attend the office of your conveyancer, they can send any relevant contracts to you, which you can sign and return. Many home movers prefer to instruct a locally based solicitor, but it is not essential for conveyancing in Earls Court.