Me and my fiance are hoping to buy a 2 bedroom apartment in Newent with a mortgage. We wish to retain our Newent solicitor, however the bank says she’s not on their "panel". It seems we have little option but to instruct one of the bank panel solicitors or continue with our Newent conveyancing practitioner as well as pay for one of their panel ones to act for them. We consider that this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Newent conveyancing lawyer to apply to be on the conveyancing panel.
I do hope you can assist me. My Newent solicitor is informing me me that he has toapply for Newent conveyancing searches becausethe firm are on the Lloydsconveyancing panel. These Newent checks cost a lot of money can this be avoided?
You have limited options available to you. As you are taking a mortgage with a lender your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Newent conveyancing searches.
My wife and I own a 4 bedroom Victorian house in Newent. Conveyancing lawyer acted for me and Bank of Scotland. 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 with the exact same property. I thought I was buying a freehold how can I check?
You need to review 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 Newent and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with your conveyancing lawyer who completed the work.
My partner has recommend that I appoint his conveyancing solicitors in Newent. Should I use them?
Much as we are happy to recommend a Newent conveyancing lawyer the best way to select a conveyancing practitioner is to get guidance from friends or relatives who have actually experience in using the conveyancer you're considering.
There are only Seventy years unexpired on my lease in Newent. I now want to get lease extension but my freeholder is missing. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the landlord. For most situations a specialist may be useful to try and locate and prepare a report which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Newent.
Newent Conveyancing for Leasehold Flats - Examples of Questions you should consider before buying
Is anyone aware of any major works in the planning that will increase the service charges? Its a good idea to find out as much as you can regarding the company managing the block as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the tidiness of the common parts. Ask prospective neighbours if they are happy with them. Finally, be sure you know the dates that the maintenance charges are due to the managing agents and specifically what it includes. How much is the annual service fee and ground rent?
A couple of months ago I was informed by my lender that their panel solicitors operate no completion no charge basis for conveyancing in Newent. My purchase aborted yet the conveyancers have requested search fees! They say the fees are independent!
Newent conveyancing search charges are separate expenses not solicitors costs as these are paid to independent parties.