I am in the process of selling my apartment in Fishguard and the EA has just telephoned to warn that the buyers are appointing a new property lawyer. The excuse is that the bank will only engage with solicitors on their conveyancing panel. Why would a big named lender only deal with certain solicitors rather the firm that they want to choose for their conveyancing in Fishguard ?
UK lenders have always had an approved set of law firms they are content to work with, but in recent years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for many years.
Lenders point to the increase in fraud by way of justification for the cull – criteria have been tightened as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any sway in the decision.
My apartment in Fishguard is up for sale and I have accepted an offer. Does my lawyer need to be required to be on the Coventry BS conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Coventry BS conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently in recent years.
My friend recommended that if I am purchasing in Fishguard I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes included in the estimate for your Fishguard conveyancing searches. It is a large document of more than thirty pages, listing and setting out significant information about Fishguard around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Fishguard Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with maps and statistics, Local Amenities and other useful information about Fishguard.
Are there restrictive covenants that are commonly identified during conveyancing in Fishguard?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Fishguard. 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…’
I am a negotiator for a busy estate agency in Fishguard where we see a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Fishguard conveyancing firms. Could you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I invested in buying a studio flat in Fishguard, conveyancing having been completed in 1995. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Fishguard with over 90 years remaining are worth £197,000. The average or mid-range amount of ground rent is £55 per annum. The lease ends on 21st October 2079
You have 55 years left to run we estimate the premium for your lease extension to be between £31,400 and £36,200 plus legals.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.
Is there an average legal costs for conveyancing in Fishguard?
The average cost last year for conveyancing in Fishguard was just under one thousand five hundred pounds not including Stamp Duty and HM Land Registry charges.