My partner and I are only a couple days away from an exchange on a flat in West Malling and my parents have transferred the ten percent deposit to my lawyer. I am now told that as the deposit has been received from someone other than me my property lawyer needs to disclose this to my lender. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I informed the bank concerning my parents' contribution when I applied for the mortgage, so is it really necessary for him to raise this?
Your solicitor is legally required to clarify with the bank to make sure that they know that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
I know that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a house in West Malling? or Apparently there is a law dating back centuries that means some owners of property living in a parish church boundary may be liable to contribute towards repairs towards the chancel within the church. Is this a legitimate concern for conveyancing in West Malling?
Unless a previous purchase of the house took place post 12 October 2013 you may expect lawyers delivering conveyancing in West Malling to remain recommending a chancel search and or chancel repair liability policy.
How does conveyancing in West Malling differ for new build properties?
Most buyers of new build property in West Malling approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is completed. This is because new home sellers in West Malling tend to purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in West Malling or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in West Malling before appointing conveyancers. I have been advised that there is a flying freehold aspect to the house. The surveyor advised that some mortgage companies tend not issue a mortgage on such a house.
It depends who your proposed lender is. Santander has different requirements from Halifax. If you contact us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in West Malling. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in West Malling to see if the conveyancing costs will increase in light of this.
My step-father has recommend that I use his lawyers for conveyancing in West Malling. Do I follow his recommendation?
There are no two ways about it the best way to select a conveyancing lawyer is to have guidance from friends or family who have actually used the solicitor you're are thinking of instructing.
The lawyers handling our conveyancing in West Malling has forwarded documents to review that show the land is unregistered with epitome documents. Is it not the case that all properties in West Malling are registered?
Over ninety percent of property in West Malling is registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Many West Malling conveyancing solicitors will be able to handle this type of conveyancing but where uncertainty exists the standard advice presently seems to be for the seller to undertake the registration formalities first and thereafter sell - this will predictably result in a significant delay.