We are purchasing a 3 bedroom flat in Tavistock with a mortgage. We like our Tavistock solicitor, but the mortgage company says he's not on their "panel". We have to appoint one of the lender panel solicitors or continue with our Tavistock conveyancing practitioner as well as pay for one of their panel ones to act for them. This feels very unfair; is there anything we can do?
No, not really. 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. Another option that might be available is for your Tavistock conveyancing lawyer to apply to be on the conveyancing panel.
What is the first thing I need to know regarding purchase conveyancing in Tavistock?
Not many law firms or advisers will tell you this but conveyancing in Tavistock and elsewhere in Devon is an adversarial process. Put another way, when it comes to conveyancing there exists an abundance of room for friction between you and other parties involved in the ownership transfer. For instance, the vendor, property agent and sometimes your lender. Appointing a lawyer for your conveyancing in Tavistock is a critical decision as your conveyancer is your adviser, and is the ONE party in the legal process whose interest is to look after your best interests and to protect you.
There is a definite ongoing adversarial element to conveyancing- someone has to be at fault for the process being so protracted. We recommend that you your first instinct should be to trust your conveyancer above all other players when it comes to the legal transfer of property.
My bank has suggested a law firm on their panel based in Tavistock but I would rather instruct a conveyancing lawyer in Tavistock local to me. Are you able to assist?
The minority of Tavistock conveyancing solicitors are on all lender’s conveyancing panel. Use the above search tool to locate a Tavistock conveyancing conveyancer on the on the mortgage company panel.
My wife and I purchased a renovated Georgian house in Tavistock. Conveyancing lawyer represented me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, another for leasehold with the matching property. Is it worth asking Bank of Scotland to clarify?
You should review the Freehold register you have again and check the Charges Register for 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 Tavistock and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing practitioner who carried out the work.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Tavistock is where the house is located. Is there any advice you can give?
Flying freeholds in Tavistock are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Tavistock you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Tavistock 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 premises.
Is it true that a Tavistock conveyancing firm taken to court by clients for not carrying out the appropriate conveyancing investigations?
We are not aware of such a Tavistock conveyancing claim but according to a recent report, a couple purchasing a home elsewhere in England successfully sued their conveyancer due to development permission to build a wind farm failing to be picked up in conveyancing searches.
Where you are contemplating buying a home in Tavistock It is essential that your lawyer purchase all Tavistock conveyancing searches required to ensure you have accurate and up to date information ahead of acquiring a home in Tavistock.