I am in need of a property lawyer. Should I go for for a nationwide conveyancer rather than a family Windsor conveyancing lawyer?
Windsor is a unique place, where neighbourhood insight helps. The relaxed pace of life has it’s attractions – just not when it comes to your conveyancing. The property lawyers that we endorse combine wide Windsor knowledge with a positive, hands-onattitude that helps everything runs smoothly. It is a distinct advantage where they can make use of established relationships with mortgage brokers, search providers, surveyors and other Windsor conveyancing practitioners
Our Windsor conveyancer has discovered an inconsistency between the information in the valuation report and what is revealed within the title deeds. My solicitor informs me that he is obliged to check that the lender is OK with this discrepancy and is still content to lend. Is my solicitor’s stance appropriate?
Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. 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 a dozen years since I bought my house in Windsor. Conveyancing solicitors have just been retained on the sale but I can't locate my title documents. Is this a major issue?
Don’t worry too much. First the deeds may be retained by the mortgage company or they could stored with the solicitor who oversaw your purchase. Secondly in all probability the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Windsor involves registered property but in the unlikely event that your property is unregistered it is more problematic but is not insurmountable.
Should my conveyancer be making enquiries about flooding as part of the conveyancing in Windsor.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Windsor. There are those who buy a property in Windsor, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Conveyancers are not qualified to give advice on flood risk, but there are a numerous checks that can be undertaken by the purchaser or by their lawyers which should figure out the risks in Windsor. The standard property information forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the owner to discover whether the property has suffered from flooding. If flooding has previously occurred and is not revealed by the seller, then a purchaser could commence a legal claim for losses as a result of such an incorrect response. The purchaser’s solicitors should also conduct an environmental report. This will disclose whether there is a recorded flood risk. If so, more detailed investigations should be carried out.
I have been on the look out for a ground for flat up to £305k and identified one round the corner in Windsor I like with open areas and station nearby, however it's only got 51 years on the lease. There is not much else in Windsor for this price, so just wondered if I would be making a mistake buying a lease with such few years left?
If you need a home loan the shortness of the lease will be problematic. Discount the price by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the property for a minimum of twenty four months you could ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this matter.
I am an executor of my recently deceased mum’s Will, with a house in Windsor which is to be sold. The bungalow has never been registered at HMLR and I'm advised that many EAs will insist that it is in place before they'll move forward. What's the procedure for this?
In the situation that you have set out it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.