Some advice if I may. My Flint conveyancer is advising me that he has toconduct Flint conveyancing searches becausethe firm are on the Nat Westconveyancing panel. Do I not have any say here?
You have limited options available to you. Given that you are taking out a loan with a bank your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Flint conveyancing searches.
Should conveyancers ask for an advanced payment for conveyancing in Flint?
If you are buying a property in Flint your lawyer will ask you place them with monies to cover the the cost of the conveyancing searches. Ordinarily this is asked for to cover the fees of the conveyancing searches. If any down payment is as part of the sale price then this will be needed immediately ahead of exchange of contracts. The closing balance that is needed will be payable shortly before completion.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Flint?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Flint. 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…’
How does conveyancing in Flint differ for newly converted properties?
Most buyers of new build property in Flint come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is finished. This is because house builders in Flint tend to purchase the land, 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 conveyancing solicitors 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 Flint or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Flint is where the house is located. Is there any guidance you can impart?
Flying freeholds in Flint are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Flint you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Flint 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 residence.
My father has suggested that I appoint his lawyers for conveyancing in Flint. Should I find my own property lawyer?
No doubt it’s preferable to find a conveyancing solicitor is to have feedback from friends or relatives who have actually previously instructed the firm that you are are thinking of instructing.