My conveyancer has discovered a a legal deficiency with the lease for the flat we are buying in Hammersmith. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer says that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
It is is a decade since I bought my house in Hammersmith. Conveyancing solicitors have now been appointed on the sale but I can't track down the deeds. Will this jeopardise the sale?
Don’t worry too much. Firstly the deeds may be retained by your mortgage company or they could still be with the conveyancers who acted in the purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Hammersmith involves registered property but in the unlikely event that your property is unregistered it is more of a problem but is not insurmountable.
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Hammersmith?
There are two types of lawyers who can carry out conveyancing in Hammersmith namely licenced conveyancers or solicitors. The two can handle conveyancing services that you need to complete the disposal or acquisition of property. They are both required to perform Hammersmith conveyancing on similar quality and guidelines so you can be sure that your conveyancing will be professionally administered and that the requirements and procedures should be accurately adhered to.
My aunt informed me that in purchasing a property in Hammersmith there may be a number of restrictions preventing external alterations to the property. Is this right?
There are anumerous of properties in Hammersmith which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Hammersmith should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have instructed a Hammersmith conveyancer having made sure that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Hammersmith surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I have been told that property searches are a common cause of hinderance in Hammersmith house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any holding up conveyancing in Hammersmith.
I have recentlydiscovered that Action Conveyancing have closed. They carried out my conveyancing in Hammersmith for a purchase of a freehold house 9 months ago. How can I check that my home is not still registered in the name of the previous owner?
The quickest way to see if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Hammersmith conveyancing specialists.
In what way can the Landlord & Tenant Act 1954 affect my commercial offices in Hammersmith and how can your lawyers assist?
The particular law that you refer to provides protection to commercial leaseholders, granting the dueness to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in Hammersmith