We are purchasing a 2 bedroom flat in St James with a mortgage. We have a St James lawyer, but the bank advise he's not on their "panel". We have to appoint one of the lender panel conveyancing practices or retain our St James conveyancing practitioner and pay for one of their panel firms to act for them. This feels very unfair; can we not demand that the bank use our St James conveyancing practitioner ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your St James conveyancing solicitor to apply to be on the conveyancing panel.
It is is a decade since I bought my home in St James. Conveyancing lawyers have now been appointed on the sale but I am unable to track down my title deeds. Will this cause complications?
Don’t worry too much. First the deeds may be with your lender or they may stored with the solicitor who handled your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. The vast majority of conveyancing in St James involves registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
We are aiming to move home in December. Should my conveyancing solicitor liaise with the removal company on the day of completion. On a separate note, can you suggest a removal company in St James. Conveyancing firm was found prior to coming across your site.
On the day of completion you will need to pick up the keys from the property agent however this can only take place after the vendors lawyers confirm to the agent that the monies to complete are in and the keys can be passed over. After that you can tell the removal men that they can start moving you in. We are not in a position to suggest a particular removal company but can help you find a residential property solicitor in St James or a firm with expertise in conveyancing in St James.
My wife and I purchasing a end of terrace house in St James. The intention is to convert the garage to an office at the property.Will the conveyancing process involve checks to ascertain if these alterations were previously refused?
Your solicitor will review the deeds as conveyancing in St James will occasionally identify restrictions in the title deeds which restrict certain changes or require the consent of a 3rd party. Many works require local authority planning consent and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
I have a mortgage with RBS for my property in St James. Conveyancing was finalised a year ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform RBS?
RBS must be informed of your intention in advance of letting out your property as this is likely to be a breach of RBS’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact RBS directly. You need not do this via a RBS conveyancing panel solicitor.
I require expedited conveyancing in St James as I am under pressure to complete inside 4 weeks. A mortgage is not required. Can I decline from having conveyancing searches to save fees and time?
As you are not obtaining a mortgage you have the choice not to have searches carried out although no solicitor would recommend that you don't. Drawing on our experience of conveyancing in St James the following are examples of what can crop up and therefore impact future saleability: Refused Planning Applications, Outstanding Charges, Overdue Grants, Railway Schemes,...
Are there restrictive covenants that are commonly picked up as part of conveyancing in St James?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in St James. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in St James differ for new build properties?
Most buyers of new build residence in St James approach us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is built. This is because developers in St James usually buy the land, 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 conveyancers 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 accustomed to new build conveyancing in St James or who has acted in the same development.