My solicitor has discovered a a problem with the lease for the apartment we are purchasing in Priorslee. The seller’s lawyers have offered defective title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer has advised that he must check that the bank is content with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Completed the sale of my flat in Priorslee last October yet the purchaser is calling every few hours to moan that their lawyer is waiting to hear from mine. What should have happened now that I have sold?
Post completion of your disposal your lawyer should deliver the transfer documentation and all of the paperwork to the purchaser's lawyers. If applicable, your lawyer should also evidence that the mortgage has been repaid to the buyers lawyers. There is unlikely to be post completion tasks unique to conveyancing in Priorslee.
Can you clarify what the consequences are if my solicitor is expelled from the Santander Solicitor panel ahead of completing my conveyancing in Priorslee?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Do commercial conveyancing searches reveal impending roadworks that may impact a commercial premises in Priorslee?
Many commercial conveyancing solicitors in Priorslee will carry out a SiteSolutions Highways report as it reduces the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Priorslee. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Priorslee.
For every commercial conveyancing transaction in Priorslee it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately may result in delays to Priorslee commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not carried out for residential conveyancing in Priorslee.
Despite weeks of looking the Title Certificate and documents to our house are lost. The solicitors who did the conveyancing in Priorslee 5 years ago are no longer around. What are my next steps?
Assuming you have a registered title the information relating to your proprietorship will be held by HMLR with a Title Number. It is possible to perform a search at the Land Registry, identify your property and obtain up to date copies of the property title for less than a fiver. 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 obtained for twenty pounds.
Am I better off to appoint a Priorslee conveyancing solicitor who is local to the property I am hoping to buy? An old friend can handle the conveyancing but her office is 400miles away.
The benefit of a high street Priorslee conveyancing practice is that you can pop in to sign paperwork, deliver your ID and pester them where appropriate. They will also have local intelligence which is a bonus. However it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and the majority were impressed that should outweigh using an unfamiliar Priorslee conveyancing lawyer solely due to them being round the corner.