My partner and I are intent on acquiring a ground floor flat in Morfa Nefyn. My Solicitor has never been on on the bank solicitor list. Am I still permitted to continue with my Morfa Nefyn conveyancing solicitor even though they are excluded from the lender panel of approved conveyancing solicitors?
You have a couple of options available to you here
- Complete the purchase with your preferred Morfa Nefyn conveyancing practitioner but your bank will undoubtedly use a conveyancer from their conveyancing panel. The net result is additional fees together with potential interruption.
- Get a new lawyer to act in the purchase, making sure they are on the lender conveyancing panel.
- Convince your conveyancing practitioner to do everything possible to get accepted on the bank’s panel of solicitors
My partner and I are getting closer to an exchange on a property in Morfa Nefyn and my parents have transferred the ten percent deposit to my lawyer. I am now advised that as the deposit has not come from me my conveyancing practitioner needs to disclose this to my mortgage company. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I advised the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?
Your conveyancing practitioner is duty bound to clarify with mortgage company to ensure that they understand that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
We are intent on selling our house in Morfa Nefyn and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. A high street Morfa Nefyn lawyer would know that there is no such problem. It does beg the question why the purchasers used a web based conveyancing practice rather than a conveyancing solicitor in Morfa Nefyn. We have lived in Morfa Nefyn for 5 years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to get clarification that there is no issue.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You need to 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 health insurance to cover that same sickness)
I own a terraced Victorian property in Morfa Nefyn. Conveyancing solicitor acted for me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching address. Is it worth asking Yorkshire Building Society to clarify?
You need to review the Freehold register you have again and check the Charges Register for 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 Morfa Nefyn and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with your conveyancing lawyer who conducted the work.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what should have been a simple, no chain conveyancing. Morfa Nefyn is where the house is located. Is there any guidance you can impart?
Flying freeholds in Morfa Nefyn are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Morfa Nefyn you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Morfa Nefyn may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Developers have suggested I use a conveyancing practitioner and I've obtained a quote from them. They are almost £250 cheaper than my preferred Morfa Nefyn solicitor. Should I use them?
Developers frequently have panels of solicitors who expedite matters and who know the developer’s paperwork and property lawyer. As many developers offer an inducement to use their approved property lawyer for this reason, any increased charges can be avoided and a builder will not suggest a conveyancing warehouse and run the risk of having the transaction delayed when they need an exchange inside a month. The argument for not opting for the suggested conveyancing practitioner is that they may be reluctant to fight for your interests at the risk of alienating the sellers. Where you have concerns that this may be the situation you should remain with your high street Morfa Nefyn lawyer.