I am purchasing a property in Chinatown. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Bank of Ireland be concerned?
Given that you are obtaining a mortgage with Bank of Ireland your lawyer must comply with the conveyancing instructions outlined in Part 2 of UK Finance Lenders’ Handbook for Bank of Ireland. The CML Handbook stipulates minimum requirements for solar panel roof-space leases, and conveyancers are required to report to Bank of Ireland where a lease fails to comply with these requirements. The requirements relate to the installation of panels on properties in England and Wales and is not isolated to Chinatown.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Chinatown conveyancer on the Aldermore panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Aldermore mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Aldermore mortgage from the register. Aldermore, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
It is not clear whether my lender requires a lease extension. I have called my Chinatown building society branch on a couple of occasions and was told it does not affect the mortgage offer and they will lend. My Chinatown conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. I have no idea who is right.
Your conveyancing practitioner must follow the CML Handbook Part 2 provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the lender 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.
A colleague advised me that if I am buying in Chinatown I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes quoted for as part of the standard Chinatown conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about Chinatown around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Chinatown Education with plans and statistics, Local Amenities and other useful data concerning Chinatown.
Me and my brother have a semi-detached Georgian house in Chinatown. Conveyancing lawyer acted for me and Barnsley Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You should read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Chinatown and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with the conveyancing lawyer who carried out the work.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a straight forward, chain free conveyancing. Chinatown is where the house is located. Can you offer any assistance?
Flying freeholds in Chinatown are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Chinatown you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Chinatown 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.
As co-executor for the will of my uncle I am disposing of a house in Neath but I am based in Chinatown. My conveyancer (based 235 kilometers from meneeds me to sign a statutory declaration before the transaction finalising. Can you recommend a conveyancing practitioner in Chinatown who can witness and place their company stamp on the document?
strictly speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will do regardless of whether they are Chinatown based