Some advice if I may. My Strood conveyancer is advising me that he has toconduct Strood conveyancing searches due to the fact thatthe firm are on the HSBCapproved lawyer panel. Do I not have any options here?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with a bank your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Strood conveyancing searches.
I am the registered owner of a freehold residence in Strood but nevertheless charged rent, why is this and what is this?
It is rare for properties in Strood and has limited impact for conveyancing in Strood but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.
is it true that all Strood conveyancing solicitors on the Coventry BS conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Coventry BS approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. The majority of banks do allow licenced conveyancers on their panel and in such a situation the organisation would be governed by the CLC.
I have paid off my mortgage with Santander. I assume I don't need a Strood solicitor on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander 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 Santander mortgage from the register. Santander, 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 Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
After weeks of negotiation I have agreed a price on a house in Strood. My mortgage broker pressured me to appoint their conveyancing practitioner. I paid an on account payment of £225. A few days later, the solicitor called me sheepishly admitting that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Just had an offer accepted on a new build apartment in Strood. Conveyancing is necessary evil 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 are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Strood
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
How straightforward is it to use your search tool to choose a conveyancing practitioner in Strood on the authorised to act for my bank?
1st select a lender such as Halifax, Virgin Money or Godiva Mortgages Ltd then choose your location such as Strood. Conveyancing organisations in Strood and beyond will then be shown.
We are midway through buying a residence in Strood. Conveyancing solicitor has called to say the title is "Leasehold". Does this adversely affect the marketability of the property?
Strood conveyancing does not in most situations involve leasehold houses. The main factor here is the length of lease and the ground rent. If it's 999 years with a peppercorn rent, it's almost the same as freehold, so it shouldn't impact the marketability significantly.
At the other extreme, if it's, say, 50 years it is bound to have a material impact on the value, and most likely wouldn't be acceptable to the bank. The remaining lease term and ground rent will be specified in the lease provided to your conveyancer.