We are acquiring our first home. The solicitor has calledto enquire if we want to order supplemental conveyancing searches. We are really unsure what's appropriate for conveyancing in Polegate
The extent of Polegate conveyancing searches should be triggered based primarily on the property, the location, the probability of any of these risks, your knowledge of the locality and risks, your overall approach to risk. What is important is that you adequately comprehend what information each search could provide. You may then decide if you personally think you need that search. Where you are unsure, ask the conveyancing practitioner to offer guidance.
I am the registered owner of a freehold house in Polegate but still charged rent, why is this and what is this?
It is rare for properties in Polegate and has limited impact for conveyancing in Polegate 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.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
I can not work out if my lender requires a lease extension. I have called my Polegate bank branch on numerous occasions and was informed it wasn't an issue and they would lend. My Polegate conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their specific requirements. Who do I believe?
As long as the solicitor is on the mortgage company approved list, they must comply with the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I recently had an offer agreed on an apartment in Polegate. My financial adviser suggested a lawyer. I paid an advanced payment of £200. A few days later, the lawyer called me sheepishly admitting that they were not on the Barclays conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Barclays panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
After shopping around on the internet I have found a Polegate solicitor having made sure that they are on the Leeds Building Society conveyancing panel. Does my lawyer arrange the survey of the property?
Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society 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. You may wish to consider appointing your own Polegate surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
How does conveyancing in Polegate differ for new build properties?
Most buyers of new build residence in Polegate approach us having been asked by the builder to sign contracts and commit to the purchase even before the property is completed. This is because builders in Polegate tend to acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Polegate or who has acted in the same development.
My father has urged me to appoint his conveyancers in Polegate. Should I use them?
Much as we are happy to recommend a Polegate conveyancing lawyer the best way to select a conveyancing solicitor is to have guidance from friends or relatives who have used the solicitor you're contemplating using.
My a decade ago. He has been married, divorced and is now married again. He will be marketing the property in a couple of months. I suspect that he will simply be need to provide a copy of the marriage certificates to the conveyancing practitioner however he is concerned it will frustrate the conveyancing. Should he instruct a conveyancer to update the Land Registry information for the property?
You are not required to update the register as long as you have the evidence needed to show how the change of name occurred.
The purchaser’s property lawyer should review the registered entries and request evidence by way of proof of the change of name e.g. marriage certificates.