My wife and I are hoping to purchase a 3 bedroom apartment in Fenton with a mortgage. We like our Fenton lawyer, but the lender says she’s not on their "panel". It seems we have little choice but to use one of the lender panel firms or retain our Fenton conveyancer and pay for one of their panel firms to represent them. This feels very unfair; can we not require that the lender use our Fenton conveyancing practitioner ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose 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 Fenton conveyancing solicitor to apply to be on the conveyancing panel.
I purchased a freehold residence in Fenton yet pay rent, why is this and what is this?
It is rare for properties in Fenton and has limited impact for conveyancing in Fenton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
What is the difference between a licensed conveyancer and conveyancing solicitor in Fenton
There are many recorded licenced Conveyancers in Fenton and Solicitor partnerships in Fenton who can help with your conveyancing We would stress that both are regulated professionals specialising in the legal aspects of transferring property. They may both also conduct other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
I just acquired a property at auction in Fenton. Conveyancing is necessary. What is next?
Having legally bound yourself to purchase you should appoint a conveyancing solicitor soon as you will have a fast approaching a drop dead date to complete the transaction. All auction property will ordinarily have a bespoke auction set of papers. This will likely include evidence of title and search results. In the case of leasehold premises the conveyancing papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to leasehold premises. You need to pass this on to the conveyancer instructed by you ASAP. You also need to ensure that you have funds in place to complete on the on the contractual date .
I have paid off my mortgage with Yorkshire BS. I assume I don't need a Fenton solicitor on the Yorkshire BS panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Yorkshire BS 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 Yorkshire BS mortgage from the register. Yorkshire BS, 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 Yorkshire BS has sent the Land Registry the discharge electronically, and
- Yorkshire BS has instructed the Land Registry to do so
Will commercial conveyancing searches reveal impending roadworks that may impact a commercial estate in Fenton?
Its becoming the norm that commercial conveyancing solicitors in Fenton will execute a SiteSolutions Highways report as it reduces the time that conveyancers expend in looking into accurate data on highways that impact buildings and development assets in Fenton. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Fenton.
For every commercial conveyancing transaction in Fenton it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately can result in delays to Fenton commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not ordered for residential conveyancing in Fenton.
Despite weeks of looking the Title Certificate and documents to our property can not be found. The solicitors who conducted the conveyancing in Fenton 10 years ago are no longer around. What are my options?
Gone are the days when you need to have the physical official documentation to evidence that you are the registered proprietor of land or property, as the Land Registry have everything they need in a digital format.
How does conveyancing in Fenton differ for newly converted properties?
Most buyers of new build property in Fenton approach us having been asked by the seller to exchange contracts and commit to the purchase even before the property is ready to move into. This is because new home sellers in Fenton typically buy the real estate, 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 property lawyers 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 Fenton or who has acted in the same development.