My lawyer has discovered a a legal deficiency with the lease for the flat we are buying in Griffithstown. The other side have suggested title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer says that he must check that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
It is 10 years ago since I purchased my home in Griffithstown. Conveyancing lawyers have just been retained on the sale but I am unable to find the title documents. Will this cause complications?
You need not be too concerned. Firstly there is a possibility that the deeds will be retained by your mortgage company or they may be in the possession of the solicitor who acted in the purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors procuring up to date copy of the land registers. Most conveyancing in Griffithstown relates to registered property but in the rare situation where your home is not registered it is more problematic but is resolvable.
This question may be naive but I am unseasoned as a 1st time purchaser of a ground floor flat in Griffithstown. Do I collect the keys to the house on the completion date from my conveyancer? If this is the case, I will use a local conveyancing solicitor in Griffithstown?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will arrange to send the purchase money to the seller's lawyers, and shortly after the monies have arrived, you should be invited to receive the keys from the selling Agents and start moving into the property. This tends to happen early afternoon.
A friend informed me that in purchasing a property in Griffithstown there could be various restrictions preventing external changes to the property. Is this right?
There are a number of properties in Griffithstown which have some sort of restriction or requirement of consent to external variations. Part of the conveyancing in Griffithstown should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
The mortgage over my property is with Nottingham for my property in Griffithstown. Conveyancing was finalised months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Nottingham?
Nottingham must be informed of your intention in advance of letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. It may be that Nottingham will allow you to rent 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 Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel lawyer.
We are buying a property and the lawyer has referenced Chancel Repair for which the house may be liable because it falls into the area of such a church. He has mentioned insurance. Is this strictly appropriate for conveyancing in Griffithstown
Unless a previous acquisition of the property took place post 12 October 2013 you may take it that conveyancing practitioners conducting conveyancing in Griffithstown to continue to suggest a chancel search and or insurance against a claim.
The deeds to our house can not be found. The conveyancers who handled the conveyancing in Griffithstown 5 years ago are no longer around. What are my options?
Assuming you have a registered title the details of your proprietorship will be retained by the Land Registry under a Title Number. It is possible to conduct a search at the Land Registry, find your property and obtain current copies of the Registered Entries for a small fee. Where the property is Leasehold then the Land Registry will also normally retain a file copy of the Registered Lease and again, a copy can be retrieved for a small fee.
How simple is it to use the search tool to get a costs illustration from a conveyancing practitioner in Griffithstown on the panel for my lender?
First pick a lender such as Santander, The Royal Bank of Scotland or TSB then type in your preferred area a common one being Griffithstown. Conveyancing practices in Griffithstown and beyond will then be shown.