I require conveyancing for a flat in a fairly new development (6 years old) in Marks Gate. The vast majority the flats have already been occupied. Do I need carry out the conveyancing searches as part of conveyancing in Marks Gate?
Conveyancing Searches are a central link in the Marks Gate conveyancing process. There are a large number of companies delivering Marks Gate conveyancing searches, as well direct from the local authority. These are usually referred to as personal search providers due to them carrying out, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must obtain their information from the local authority.
I own a freehold house in Marks Gate yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Marks Gate and has limited impact for conveyancing in Marks Gate 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 many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
I am in the process of refinancing my property in Marks Gate, does my lawyer need to be on the Bank of Ireland Conveyancing panel?
There is nothing to stop you using your solicitor, but Bank of Ireland will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
When it comes to mortgage companies such as Kent Reliance, do Marks Gate lawyers incur a fee to be on the conveyancing panel?
We are not aware of any bank fees to be on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel submission.
After shopping around on the internet I have found a Marks Gate conveyancer having made sure that they are on the Virgin Money conveyancing panel. Does my lawyer arrange the survey of the property?
Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money 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. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Marks Gate postcode. As you are getting a mortgage with Virgin Money, you could contact them to see if they have a list of approved surveyors in Marks Gate.
After what feels like an age I have had an offer on an apartment in Marks Gate agreed to, but there is a chain. The sellers have placed an offer on a flat, but it’s not yet tied up, and are looking at other flats booked. I have instructed a high street conveyancing solicitor in Marks Gate. What should be my next step? At what point should I apply for the mortgage with Barclays?
It is usual to have anxieties where there is a chain as you are unlikely to want to incur expenses prematurely (home loan application is in the region of £1k, then survey, Marks Gate conveyancing search charges, etc). The first course of action is to ensure that your solicitor is on the Barclays conveyancing panel. Concerning the next phase this very much depends on the specifics of your transaction, motivation for the property and on the state of the market. In a buoyant market the majority of home buyers will apply for the mortgage with Barclays and pay for the valuation and only if it was satisfactory would they pay their conveyancing practitioner to press on with the conveyancing in Marks Gate.
Are there restrictive covenants that are commonly identified during conveyancing in Marks Gate?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Marks Gate. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
We have today had an offer accepted on our first house in Marks Gate, and need to get solicitors instructed. I have made use of the numerous comparison tools and the quotes are from all across the England and Wales. Is it important to have a Marks Gate property lawyer local to your prospective house? I am happy to do all the communicating over the web, but I am thinking at some stage we may be required to visit the lawyer's office to sign papers?
The property lawyer does not need to be in Marks Gate, but choosing local means that you have the option to go in if required, for instance, if a signature is immediately necessary. Also, a Marks Gate solicitor have established relationships with local agents and (if the vendor has chosen a local property lawyer) with them, which should help smooth the process.