The Earls Court conveyancing firm handling our Earls Court conveyancing has uncovered an inconsistency between the surveyor’s assumptions in the valuation survey and what is in the title deeds. My lawyer says that he is duty bound to check that the lender is OK with this discrepancy and is content to go ahead. Is my conveyancer’s stance appropriate?
Your solicitor must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
We are intent on selling our house in Earls Court and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. Any local lawyer would know that there is no such problem. It does beg the question why the purchasers are using a web based conveyancing firm as opposed to a conveyancing solicitor in Earls Court. Having lived in Earls Court for 5 years we know that this is a non issue. Should we get in touch with our local Authority to obtain clarification that there is no issue.
It would appear that you have a conveyancing firm already. What do they say? You should 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 health insurance to cover that same illness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Earls Court?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Earls Court. 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…’
Do I need to be concerned by third parties that I am dealing with are encouraging me to use a national conveyancing firm rather than a local Earls Court conveyancing practice?
As with many professional services, often referrals from connections can be worth their weight in gold. But there are lots of parties with a vested interest in a conveyancing deal; estate agents, mortgage brokers and lenders may recommend solicitors to select. On occasion the conveyancers might be known to one of the organisations as experts in their field, but sometimes there is an underlying commercial relationship behind the endorsement. You are free to choose your preferred conveyancer. Don't forget that most mortgage providers operate an approved list of conveyancers you must use for the mortgage aspect of your house move.
I am looking for a conveyancing lawyer in Earls Court for my home move. Is there any facility to see a firm’s complaints history with the profession’s regulator?
Anyone can read documented Solicitor Regulator Association (SRA) determinations resulting from inquisitions from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a firm's history, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training reasons.
What advice can you give us when it comes to finding a Earls Court conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Earls Court conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Earls Court conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be useful:
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What volume of lease extensions has the firm conducted in Earls Court in the last 12 months? Can they put you in touch with clients in Earls Court who can give a testimonial?
I own a basement flat in Earls Court. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?
Absolutely. We can put you in touch with a Earls Court conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Earls Court property is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case was in relation to 5 flats. The unexpired term as at the valuation date was 38.98 years.