Our lawyer has discovered a defect with the lease for the flat we are purchasing in Walderslade. The seller’s lawyers have offered defective title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor has advised that he must check that the mortgage company is happy with this solution. Are we the client or is the mortgage company ?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
I am considering refinancing my home in Walderslade, does my lawyer have to be on the Clydesdale Conveyancing panel?
In theory, you could use a solicitor that is not on the Clydesdale conveyancing panel, but Clydesdale would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
Should my conveyancer be raising enquiries concerning flooding during the conveyancing in Walderslade.
Flooding is a growing risk for lawyers dealing with homes in Walderslade. There are those who acquire a property in Walderslade, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to impart advice on flood risk, but there are a various checks that can be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in Walderslade. The conventional set of completed inquiry forms sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to determine if the property has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the owner, then a buyer could bring a compensation claim as a result of such an incorrect answer. A purchaser’s lawyers may also commission an environmental search. This will higlight if there is a recorded flood risk. If so, more detailed investigations will need to be conducted.
I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Walderslade is where the house is located. Can you offer any opinion?
Flying freeholds in Walderslade are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Walderslade you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Walderslade may determine 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.
How can the Landlord & Tenant Act 1954 affect my commercial offices in Walderslade and how can your lawyers assist?
The 1954 Act gives protection to business lessees, giving them the legal entitlement to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Walderslade
In my capacity as executor for the will of my grandmother I am disposing of a property in Monmouth but I am based in Walderslade. My lawyer (approximately 260 kilometers from mehas requested that I sign a statutory declaration before completion. Could you suggest a conveyancing lawyer in Walderslade who can witness and place their company stamp on the document?
strictly speaking you should not need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are Walderslade based