I am nearing exchange of contracts for my ground floor flat in Sefton and the estate agent has just e-mailed to advise that the buyers are appointing a new law firm. I am told that this is due to the fact that the mortgage company will only engage with solicitors on their conveyancing panel. Why would a big named lender only deal with specific lawyers rather the firm that they want to choose for their conveyancing in Sefton ?
Mortgage companies have always had an approved set of law firms they are content to work with, but in the last few years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for over 25 years.
Lending institutions point to the increase in fraud by way of justification for the reduction – criteria have been narrowed as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
Should commercial conveyancing searches disclose planned roadworks that could affect a commercial estate in Sefton?
Its becoming the norm that commercial conveyancing solicitors in Sefton will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Sefton. The search result provides 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 Sefton.
For every commercial conveyancing transaction in Sefton it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately could cause delays to Sefton commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not carried out for domestic conveyancing in Sefton.
Me and my brother own a semi-detached Victorian house in Sefton. Conveyancing practitioner represented me and Barclays . I did a free Land Registry search last week and I saw two entries: one for freehold, another for leasehold with the matching address. Is it worth asking Barclays to clarify?
You should assess 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 Sefton and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with the conveyancing solicitor who completed the work.
The estate agent has sent us the confirmation of our purchase of a new build flat in Sefton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Sefton
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
I opted to have a survey completed on a property in Sefton ahead of retaining solicitors. I have been informed that there is a flying freehold element to the property. My surveyor advised that some lenders tend refuse to give a loan on a flying freehold premises.
It varies from the lender to lender. Santander has different requirements from Halifax. If you e-mail us we can look into this further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Sefton. Conveyancing will be smoother if you use a solicitor in Sefton especially if they are acquainted with such properties in Sefton.
I have been pointed in your direction by a few estate agents in Sefton to find a conveyancer on your site. What’s the financial inducement for Estate Agents to recommend your services rather than a competitor’s?
We refuse to give any referral fee for sending work to this site. We found it would be just too difficult to pay a commission because a client could think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.