Is the fact that my conveyancer in Hastings is not identified on my mortgage company's solicitor panel that there is a problem with the quality of the firm’s work?
It would not be wise to jump to that conclusion. There are plenty of plausible explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should simply call the Hastings conveyancing practice and enquire why they are no longer on the approved list for your lender.
I am buying a detached bungalow in Hastings. We would like to an extension at the rear at the house.Will legal work on the property involve enquiries to ascertain if these alterations were previously refused?
Your property lawyer will review the deeds as conveyancing in Hastings will sometimes identify restrictions in the title documents which prevent certain alterations or necessitated the consent of a 3rd party. Many additions need local authority planning consent and approval in compliance with building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Hastings property lawyer on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander 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 Santander mortgage from the register. Santander, 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 Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
I have instructed a Hastings conveyancer having checked that they are on the Barclays conveyancing panel. Does my lawyer arrange the survey of the property?
Barclays will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barclays 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 Hastings 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.
Will our lawyer be asking questions regarding flooding as part of the conveyancing in Hastings.
Flooding is a growing risk for lawyers dealing with homes in Hastings. There are those who buy a house in Hastings, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, however there are a number of checks that may be initiated by the purchaser or by their conveyancers which should give them a better appreciation of the risks in Hastings. The standard property information forms given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the vendor to find out whether the property has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the vendor, then a buyer may issue a compensation claim resulting from an misleading answer. The purchaser’s lawyers should also order an enviro report. This will higlight whether there is a recorded flood risk. If so, additional inquiries will need to be conducted.
My wife and I purchased a semi-detached Victorian property in Hastings. Conveyancing lawyer acted for me and Yorkshire Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hastings and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing practitioner who carried out the work.
As co-executor for the will of my aunt I am selling a property in Swansea but reside in Hastings. My solicitor (approximately 300 miles awayhas requested that I execute a statutory declaration prior to completion. Can you recommend a conveyancing practitioner in Hastings to attest and place their company stamp on the document?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are based in Hastings
What is the reason for new build conveyancing in Hastings being more expensive?
Acquiring a brand new premises is completely distinct from the normal house purchase conveyancing in Hastings. Firstly housebuilders normally insist contracts to exchange inside a short timeframe, so there is a lot of pressure on your conveyancer to make sure all is in order. Furthermore new build conveyancing often necessitate examination of adoption of highways, drains, planning considerations, building warranties or architects certificates. Bank requirements are also more detailed. Taking into account the complex nature of the process for these types of properties, the conveyancing new build fees are higher than normal.