What is the first thing I need to know regarding purchase conveyancing in Castle Vale?

You may not hear this from too many lawyers but conveyancing in Castle Vale and elsewhere in Birmingham is an adversarial experience. In other words, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and other parties involved in the ownership transfer. For instance, the seller, property agent and even potentially your lender. Choosing a lawyer for your conveyancing in Castle Vale should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the process whose responsibility is to act in your legal interests and to keep you safe.

Every so often a potential adversary will try and convince you that it is in your interests to do things their way. For example, the property agent may claim to be helping by claiming that your solicitor is slow. Or your financial adviser may advise you to do something that is against your lawyers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.

We have agreed to purchase a house in Castle Vale. A rare aspect is that the roof has a solar panel. Lloyds have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

As your lender is Lloyds your lawyer must comply with the conveyancing requirements set out in Part two of UK Finance Lenders’ Handbook for Lloyds. The CML Handbook stipulates minimum provisions for solar panel roof-space leases, and solicitors are required to report to Lloyds where a lease fails to satisfy these provisions. The requirements relate to the installation of panels on properties in England and Wales and is not isolated to Castle Vale.

I can not fathom if my bank requires a lease extension. I have called into my local Castle Vale building society branch on various occasions and was advised it wasn't an issue and they will lend. My Castle Vale conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend based on their published requirements. Who do I believe?

Your conveyancer has to comply with the CML Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

Santander have agreed my home loan in principle, my bid on a property in Castle Vale has been accepted, what happens next?

Your property agent will need to know who your solicitors are (make sure the conveyancers are on the lender’s approved list). Call up Santander or your financial adviser and finish off any appropriate documentation. Santander will instruct a valuer who will get in contact with the estate agent or owners to arrange a slot for the valuation to occur. Once carried out (assuming no problems) it takes on average ten days for the mortgage offer to be issued. Santander will send the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Castle Vale.

I used Action Conveyancing several years ago for my conveyancing in Castle Vale. Now, I need my files however the law firm has closed. What do I do?

Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Castle Vale of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

I have recently realised that I have 72 years unexpired on my lease in Castle Vale. I am keen to extend my lease but my landlord is absent. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the landlord. In some cases an enquiry agent would be useful to try and locate and prepare a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Castle Vale.

Castle Vale Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

How many of the leaseholders are in arrears for their maintenance charge payments? Best to be warned if redecorating or some other major work is coming up to be shared between the tenants and could well dramatically increase the the maintenance charges or require a one off payment. What prohibitions exist in the Castle Vale Lease?

What is the difference between surveying and conveyancing in Castle Vale?

Conveyancing - in Castle Vale or anywhere in England and Wales - is the process of legally transferring legal title of property from one person to another. It therefore includes the investigation of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you’re buying and will help you find out about the condition of the building and, if there are problems, give you leverage for negotiating the purchase price down or asking the vendor to remedy the problems prior to you complete your move.