Our solicitor has identified a a legal deficiency with the lease for the flat we are buying in Tiptree. The other side have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our property lawyer has advised that he must be satisfied that the mortgage company is content with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
It is is a decade since I bought my house in Tiptree. Conveyancing solicitors have just been retained on the sale but I can't find the title deeds. Will this cause complications?
Don’t worry too much. Firstly the deeds may be retained by the lender or they could stored with the lawyers who oversaw your purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors acquiring current official copies of the land registers. Most conveyancing in Tiptree involves registered property but in the unlikely event that your property is not registered it is more problematic but is not insurmountable.
My lawyer in Tiptree is not listed on the The Mortgage Works Approved Panel. Can I still retain my prefered solicitor even though they are excluded from the The Mortgage Works list of approved lawyers?
The limited options available to you here include:
- Complete the purchase with your existing Tiptree lawyers but The Mortgage Works will need to use a solicitor on their list of acceptable firms. This will inevitably rack up the overall conveyancing charges as well as result in delays.
- Choose an alternative practitioner to act in the purchase, not forgetting to check they are on the The Mortgage Works panel
This question may be naive but I am wet behind the ears as FTB of a ground floor flat in Tiptree. Do I receive the keys to the premises on completion from my lawyer? If so, I will use a local conveyancing solicitor in Tiptree?
On the day of completion you will not be required to attend the conveyancers office in Tiptree. Conveyancing lawyers for you will transfer the purchase money to the owner’s solicitors, and once they have received this, you should be able to receive the keys from the Estate Agents and start moving into the property. Usually this occurs early afternoon.
My wife and I buying a end of terrace house in Tiptree. The intention is to carry out a loft conversion at the property.Will legal work on the property include enquiries to see if these works are prohibited?
Your solicitor should check the deeds as conveyancing in Tiptree will sometimes identify restrictions in the title documents which prohibit categories of changes or necessitated the consent of another owner. Certain works need local authority planning permissions and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these issues with a surveyor ahead of any purchase.
Planning on purchasing a maisonette in Tiptree. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Principality conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Tiptree solicitor is on the Principality conveyancing panel.
Should commercial conveyancing searches reveal impending roadworks that may impact a commercial site in Tiptree?
Its becoming the norm that commercial conveyancing solicitors in Tiptree will order a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in sourcing accurate data on highways that impact buildings and development assets in Tiptree. The search result sets out definitive information 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 Tiptree.
For every commercial conveyancing transaction in Tiptree it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately can cause delays to Tiptree commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not carried out for domestic conveyancing in Tiptree.
I have justdiscovered that Action Conveyancing have closed. They carried out my conveyancing in Tiptree for a purchase of a leasehold flat 10 months ago. How can I establish that the property is registered correctly in the name of the former proprietor?
The quickest way to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Tiptree conveyancing specialists.