Why would one instruct a Essex conveyancing practice when national conveyancers are less overpriced?
Its a good idea to compare conveyancing costs in Essex and you should seek a competitive estimate but don’t expend your energy getting the cheapest Essex conveyancer. Appointing the right conveyancer can mark the distinction between a seamless and a distressing home move. It is important that you ensure that you have expert advice from an experienced solicitor. An e-mail can never take the place of a telephone conversation and can never replicate a face to face consultation. Our partner firms will allocate you a qualified and experienced conveyancing solicitor that will tackle your conveyancing from beginning to end, providing a level of continuity that you will never get with an internet conveyancer. Our lawyers will contact you regularly to update you as to any developments and keep you informed. If you ever need to contact the office you will know who to ask for and they will endeavour to make sure that you are kept fully informed.
It is 10 years ago since I purchased my property in Essex. Conveyancing lawyers have just been retained on the sale but I am unable to locate my deeds. Is this a major issue?
You need not be too concerned. First there is a possibility that the deeds will be retained by the mortgage company or they may stored with the conveyancers who handled your purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Essex relates to registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.
I'm the only recipient of my late mum's will with all property in now in my sole name, including the my former home in Essex. The Essex property was put into my name in November. I want to move. I understand that there is a CML six month 'rule', which means that my property ownership could be considered the same way as though I had purchased the house in November. Is the property unsalable for six months?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. many lenders would take a practical view as this clause is chiefly there to pick up on subsales or the flipping of properties.
When it comes to lenders such as Nottingham, do Essex conveyancers incur a fee to be on the conveyancing panel?
We are not aware of any bank fees to register on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Essex bank branch on various occasions and was told they are content with the situation and they would lend. My Essex conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they will not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Provided that the conveyancing practitioner is on the bank approved list, they must follow the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
What can a local search reveal regarding the property my wife and I purchasing in Essex?
Essex conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search organisations for instance Xpress Legal The local search plays an important part in most Essex conveyancing purchase; that is if you don’t want any nasty once you have moved into your property. The search should supply data on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic areas.
I'm purchasing a new build house in Essex benefiting from help to buy. The developers would not budge the amount so I negotiated £7000 of additionals instead. The house builders rep told me not reveal to my lawyer about the extras as it could impact my loan with Alliance & Leicester . Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what should have been a quick, no chain conveyancing. Essex is the location of the property. Can you shed any light on this issue?
Flying freeholds in Essex are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Essex you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Essex may determine 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.