Please explain the implications if my solicitor is removed from the Barclays Conveyancing panel ahead of completing my conveyancing in Shropshire?
First, this is a very rare occurrence. 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.
Is it correct that all Shropshire CQS (Conveyancing Quality Scheme) solicitors are on the TSB conveyancing list of approved firms?
Some major banks and building societies now make use of the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of conveyancing solicitors.
I have today made my last payment due on my mortgage with Clydesdale. I assume I don't need a Shropshire solicitor on the Clydesdale panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Clydesdale mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Clydesdale mortgage from the register. Clydesdale, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
Virgin Money have agreed my mortgage in principle, my offer on a apartment in Shropshire has been agreed to, now what?
The property agent will need to be advised as to your conveyancing practitioner's details (be sure the solicitors are on the bank’s approved list). Call up Virgin Money or your broker and finalise any relevant documentation. Virgin Money will instruct a valuer who will get in touch with the selling agent or owners to schedule an appointment. Once conducted (assuming no problems) it takes about a fortnight to get a mortgage offer. Virgin Money will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Shropshire.
What will a local search tell me concerning the house my wife and I purchasing in Shropshire?
Shropshire conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search organisations for example Xpress Legal The local search is essential in every Shropshire conveyancing purchase; as long as you wish to avoid any unpleasant once you have moved into your new home. The search should reveal data on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
Despite weeks of looking the Title Certificate and documents to our home are lost. The lawyers who dealt with the conveyancing in Shropshire 5 years ago are no longer around. What do I do?
As long as you have a registered title the details of your proprietorship will be retained by HMLR under a Title Number. It is easy to carry out a search at the Land Registry, find your house and obtain current copies of the property title for a small fee. If the title is Leasehold then the Land Registry will also normally retain a certified duplicate of the Registered Lease and again, a copy can be ordered for twenty pounds.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a simple, chain free conveyancing. Shropshire is where the house is located. What do you suggest?
Flying freeholds in Shropshire are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Shropshire you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shropshire may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Frank (my husband) and I may need to let out our Shropshire ground floor flat for a while due to taking a sabbatical. We instructed a Shropshire conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
A lease governs relations between the landlord and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Shropshire do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.
Shropshire Leasehold Conveyancing - Sample of Queries Prior to Purchasing
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Most Shropshire leasehold apartments will be liable to pay a service charge for the upkeep of the block invoiced by the management company. If you buy the apartment you will have to meet this contribution, normally quarterly accross the year. This could vary from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay yearly, this is usually not a exorbitant sum, say about £25-£75 but you should to check it because occasionally it can be many hundreds of pounds. Does the lease contain onerous restrictions? Who are the managing agents?