Last September we completed a house move in Elmers End. We have since encountered a number of issues with the house which we consider were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been ordered as part of conveyancing in Elmers End?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Elmers End. Conveyancing searches and due diligence initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner answers a document known as a SPIF. If the information ends up being misleading, then you may have a claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Elmers End.
My fiance and I are purchasing a newbuild apartment in Elmers End with a residential mortgage from Bank of Ireland.We would like to retain our Elmers End conveyancing solicitor but Bank of Ireland informed us her practice is not on their "panel". It seems we are left with no choice but to instruct a Bank of Ireland panel solicitor or retain our preferred solicitor and pay for a Bank of Ireland panel lawyer to represent them. This seems very unfair; is there anything we can do?
No, not really. The home loan issued to you is subject to its terms and conditions, one of which will be that conveyancers needs to be on the Bank of Ireland solicitor panel. Until recently, most banks had large numbers of law firms on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Bank of Ireland
What is the difference between a licensed conveyancer and conveyancing solicitor in Elmers End
There are many registered licenced Conveyancers in Elmers End and Solicitor practices in Elmers End who can assist with your conveyancing We would stress that both are regulated professionals specialising in the legal work in transferring property. They may both also handle other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
I currently have a mortgage with Yorkshire BS for my property in Elmers End. Conveyancing was finalised some time ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Yorkshire BS?
Your original mortgage agreement with Yorkshire BS will provide that you need their approval before letting out your property as this is likely to be a breach of Yorkshire BS’s mortgage conditions. In many cases banks or building societies will permit you to let 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 Yorkshire BS directly. You need not do this via a Yorkshire BS conveyancing panel firm.
I recently had an offer agreed on a house in Elmers End. My mortgage broker recommended their conveyancers. I paid an upfront payment of £200. Soon after, the conveyancer contacted me to say that they were not on the Aldermore 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 Aldermore 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.
Have purchased a a semi-detached house in Elmers End , how long will it take for the Land Registry to register my ownership? My Elmers End conveyancing solicitor has been painfully slow, so I want to be certain that my name is recorded.
As far as conveyancing in Elmers End registration is no faster or slower than anywhere else in England and Wales. As opposed to being determined by geographic area, timescales can vary according to the party submitting the application, whether there are errors and whether the Land registry must send notices to any 3rd parties. At present roughly 80% of submission are completed within two weeks but occasionally there can be extensive hold-ups. Historically registration is effected once the purchaser has moved in to the premises thus an expedited registration is not usually primary concern yet where it is urgent that the the registration takes place urgently then you or your conveyancer should speak with the land registry and explain the circumstances.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what should have been a quick, no chain conveyancing. Elmers End is the location of the property. Is there any guidance you can impart?
Flying freeholds in Elmers End are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Elmers End you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Elmers End may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
What is the distinction between surveying and conveyancing in Elmers End?
Conveyancing - in Elmers End or elsewhere - is the process of legally transferring legal title of property from one person to another. It involves the checking of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you’re purchasing and will help you discover the condition of the building and, if there are problems, give you a powerful reason for negotiating the purchase price down or asking the vendor to remedy the defects before you complete your move.