I am one month into the sale of my apartment in West Malling and the EA has just text me to advise that the buyers are swapping law firm. The reason given is that the mortgage company will only engage with property lawyers on their conveyancing panel. Why would a leading mortgage company only deal with certain solicitors rather the firm that they want to choose to handle their conveyancing in West Malling ?
Banks have always had an approved set of law firms they are willing to work with, but in recent years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for over 25 years.
Lending institutions point to the increase in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to maintain. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.
I am acquiring a property for cash in West Malling. I have lived for the previous twelve years in West Malling. Conveyancing searches are a lot of money. Given that I have knowledge of the area and road intimately must I have all the conveyancing searches?
If you not getting a mortgage, then all but one or two of the West Malling conveyancing searches are non-obligatory. Your lawyer will try and steer you, perhaps strongly, that you should have searches completed, but he has a professional duty to do this. One thing to take into account; if you are intend to dispose of the house at a future date, it will likely be be of interest to your future buyer what the searches contain. Sometimes properties with no practical issues can still show up unexpected search results. A competent conveyancing solicitor in West Malling will be able to give you some constructive guidance concerning this.
I am the registered owner of a freehold premises in West Malling yet pay rent, why is this and what is this?
It’s unusual for properties in West Malling and has limited impact for conveyancing in West Malling 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 have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
Various web forums that I have visited warn that are a common cause of delay in West Malling conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances during the legal transfer of property. Local searches are unlikely to feature in any slowing down conveyancing in West Malling.
How does the Landlord & Tenant Act 1954 affect my business offices in West Malling and how can your lawyers assist?
The 1954 Act gives a safeguard to business tenants, granting the right to apply to court for a continuation of occupancy at the end of the lease term. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in West Malling
My folks cant seem to find their West Malling land registry title on the site. They have a vague memory back in the 60’s when they purchased the property there were complications regarding West Malling not being recognised in some systems.
Nearly all properties in West Malling should show up. Have you endevoured to search with simply the postcode. Normally it should mention all the houses and flats within that postcode. Where registered it will show up with a title number. If they bought back in the 70’s it's conceivable it may be not yet registered. The property might still be revealed but with the title number shown 'na'. In this scenario you will need to track down the original title papers which may be with your parent’s bank.