My conveyancer has uncovered a a legal deficiency with the lease for the apartment we are buying in Rochester. The other side have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor has advised that he must be satisfied that the bank is content with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the bank are the client. These conveyancing instructions must be adhered to.
I am considering remortgaging my flat in Rochester, does my lawyer have to be on the TSB Solicitor panel?
In theory, you could use a solicitor that is not on the TSB conveyancing panel, but TSB would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
My colleague advised me that if I am buying in Rochester I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is occasionally included in the estimate for your Rochester conveyancing searches. It is not a small report of about 40 pages, listing and detailing important information about Rochester around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Rochester Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Rochester Education with plans and statistics, Local Amenities and other useful information regarding Rochester.
I need to retain a conveyancing solicitor for remortgage conveyancing in Rochester. I've land on a site which looks to be the ideal answer If there is a chance to get all formalities done via email that would be preferable. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
Back In 2005, I bought a leasehold flat in Rochester. Conveyancing and TSB mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Rochester who previously acted has now retired. Do I pay?
First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Rochester conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Rochester Leasehold Conveyancing - A selection of Queries Prior to buying
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Are there any major works in the near future that will add a premium to the service fees? How much is the ground rent and service charge?
We are first time buyers just having agreed a price on a property in Rochester, and are now looking to get solicitors lined up. We have made use of the various comparison based websites and the fee estimates are from all over the the UK. Is it important to have a Rochester lawyer local to the prospective property? We are fine to do everything electronically, but I guess at some point we may be required to visit the property lawyer's office to sign documents?
There is no need to physically visit the office of your conveyancer, they can send any relevant documents to you, which you can sign and return. Many home movers prefer to instruct a locally based solicitor, but it is not a prerequisite for conveyancing in Rochester.