I am selling my flat in Lewes and the estate agent has just telephoned to advise that the purchasers are changing their property lawyer. The reason given is that the mortgage company will only work with solicitors on their approved list. On what basis would a big named lender only engage with specific solicitors rather the firm that they want to select to handle their conveyancing in Lewes ?
UK lenders have always had an approved set of law firms they are willing to work with, but in recent years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Lenders blame a rise in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.
I own a freehold premises in Lewes but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Lewes and has limited impact for conveyancing in Lewes but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
Are the BSA intent on creating a searchable register to list practices on the Earl Shilton BS conveyancing panel for instance in Lewes?
We would not expect to be advised of any plans on the part of the BSA to promote such a search facility.
The deeds to our home are lost. The lawyers who handled the conveyancing in Lewes 4 years ago are no longer around. What are my options?
Assuming the title is registered the details of your ownership will be documented by the Land Registry with a Title Number. It is easy to carry out a search at the Land Registry, locate your property and order current copies of the Registered Entries for a small fee. Where the title is Leasehold then the Land Registry will also normally hold a certified copy of the Registered Lease and again, a copy can be retrieved for twenty pounds.
In my capacity as executor for the will of my aunt I am disposing of a residence in Newport but reside in Lewes. My lawyer (who is 260 miles awayrequires that I sign a stat dec ahead of the transaction finalising. Could you suggest a conveyancing practitioner in Lewes to attest this legal document for me?
Technically speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will suffice regardless of whether they are Lewes based
Having had my offer accepted I require leasehold conveyancing in Lewes. Before I set the wheels in motion I require certainty as to the remaining lease term.
Assuming the lease is registered - and 99.9% are in Lewes - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Lewes Leasehold Conveyancing - Sample of Queries before Purchasing
What is the the remaining lease term? What is the annual maintenance fee and ground rent? If a Lewes lease has less than eighty years it will affect the marketability of the flat. It is worth checking with your bank that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will probably need a lease extension at some point and it is worth discovering how much this would cost. Remember, in most cases you will need to own the property for a couple of years before you are legally able to extend the lease.