It is is a decade since I purchased my house in East Sheen. Conveyancing solicitors have now been retained on the sale but I can't locate the title documents. Is this a problem?
Don’t worry too much. Firstly there is a chance that the deeds will be retained by your lender or they may be in the possession of the solicitor who acted in your purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors acquiring up to date copy of the land registers. The vast majority of conveyancing in East Sheen relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is resolvable.
I have today made my last payment due on my mortgage with Barclays. I assume I don't need a East Sheen solicitor on the Barclays panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
I recently had an offer agreed on a house in East Sheen. My financial adviser recommended their conveyancers. I paid an upfront payment of £225. A few days later, the conveyancer called me to say that they were not on the RBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the RBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I've digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local East Sheen solicitor - who is on the Lloyds conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Lloyds will need an independent valuation of the property. Your lawyer will not arrange this. Usually Lloyds will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own East Sheen surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I appreciate that there are debates on Chancel Insurance on online forums. Do I require chancel insurance when buying a property in East Sheen? or Apparently there is a law dating back centuries that means some homeowners living in a parish church boundary may be liable to pay for maintenance to the chancel in proximity to the church. Is this appropriate for conveyancing in East Sheen?
Unless a previous acquisition of the premises completed after 12 October 2013 you could assume that conveyancing practitioners delivering conveyancing in East Sheen to continue to advocate a chancel search and or chancel repair liability policy.
Due to the advice of my in-laws I had a survey completed on a house in East Sheen prior to instructing solicitors. I have been advised that there is a flying freehold element to the house. Our surveyor advised that some banks will not issue a loan on a flying freehold house.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. Should you wish to call us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in East Sheen. Conveyancing may be slightly more expensive based on your lender's requirements.
We're new to the buying process - had an offer accepted, yet the property agent informed us that the owners will only proceed if we instruct their chosen lawyers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a local conveyancer who is familiar with conveyancing in East Sheen
It is unlikely the vendors are driving this. If they desire ‘a quick sale', taking such a hostile approach to a motivated purchaser is going to damage their objectives. Speak to the vendors direct and make the point that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)but you are going to use your own,trusted East Sheen conveyancing lawyers - as opposed tothe ones that will give the estate agent a commission or hit his conveyancing thresholds set by head office.
Me and my wife have agreed a price on a East Sheen house we inherited 8 years ago in 2012. I have over a decades worth of conveyancing experience and, although retired, intend to undertake the legal work. The buyer's lawyer has informed me that their Lenders will not allow you to do your own conveyancing insisting the funds to be transferred to a solicitor's bank account.
Lending instructions to lawyers from all mainstream lenders state that If the vendor does not have legal representation the purchaser’s lawyers should check whether the mortgage company needs to be informed so that a decision can be made as to whether or not they are prepared to proceed.