My lawyer has discovered a a legal deficiency with the lease for the property we are buying in Hathern. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our property lawyer has advised that he must be satisfied that the lender is willing to move forward 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 solicitor must comply with the UK Finance Lenders’ Handbook provisions. 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 lawyer will have no choice but to discontinue acting for you.
I just acquired a property at auction in Hathern. Conveyancing is required. What happens now?
Having for in every practical sense signed on the dotted line you must retain a conveyancing practitioner soon as you are faced with a tight a fixed date to complete the conveyancing. An auction property will ordinarily have a bespoke legal set of papers. This should include most,if not all of the documents that your lawyer will need. In the case of leasehold property the conveyancing pack may include a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to a leasehold property. You need to hand this to your appointed conveyancing solicitor ASAP. Do make sure that your finances are in order to complete the transaction on the set completion date.
My aunt pointed out to me me that in purchasing a property in Hathern there could be various restrictions prohibiting external alterations to the property. Is this right?
We are aware of a number of properties in Hathern which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Hathern should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are buying a 4 bedroom semi-detached house in Hathern. The intention is to carry out an extension to the side at the house.Will the conveyancing process include checks to see if these alterations were previously refused?
Your property lawyer should check the deeds as conveyancing in Hathern can sometimes identify restrictions in the title documents which prevent categories of works or need the permission of a 3rd party. Certain additions require local authority planning consent and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these issues with a surveyor ahead of any purchase.
We are planning on selling our house in Hathern and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. Any local lawyer would know that there is no such problem. It does beg the question why the purchasers used an online conveyancing firm as opposed to a conveyancing solicitor in Hathern. Having lived in Hathern for 5 years we know that this is a non issue. Do we contact our local Authority to obtain clarification that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
Me and my brother purchased a 4 bedroom Victorian house in Hathern. Conveyancing solicitor represented me and Barnsley Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold under the matching address. Is it worth asking Barnsley Building Society to clarify?
You should 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hathern 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 question the position with the conveyancing solicitor who conducted the work.
I am buying a new build house in Hathern with a mortgage from National Westminster Bank. The developers refused to reduce the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent suggested that I not disclose to my conveyancer about this extras as it could impact my mortgage with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My business partner and I are wishing to take an assignment of a lease of an office on a shopping parade. Can you recommend lawyers offering competitive fees for non-domestic conveyancing in Hathern for below £2000?
We are happy to recommend firms who have well rounded knowledge of commercial conveyancing in Hathern, including the sale and acquisition of businesses as well as simply premises. Whether you are hoping to acquire or dispose of a shop, pub, restaurant, office, retail unit or a complete business we can put you in touch with the right firm. Regarding the costs these will vary based on the structure and heads of terms of the deal. Please provide us with your details or email us so that we can supply you with a fixed commercial conveyancing calculation.