Unfortunately I am unable to travel far from Dover. Is there a reason why all Dover conveyancers are not on all bank panels?
Pre- 2008 most banks displayed an attitude to risk which is different than today. The FSA in 2010 conducted a thematic review into mortgage fraud which in summary warned lenders: know the property lawyers on your panel. Consequently, lenders have since looked to extract more information from law firms about their processes and the individuals employed by them and set certain criteria such as completing a minimum amount of transactions. Many firms have found themselves removed from lender panels even though they had 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms found it impossible meet the minimum amount of transactions the mortgage companies set.
The Dover conveyancing lawyers that just started acting on my house acquisition in Dover have without warning closed. They were on acting for me because I had to have a firm on the Aldermore conveyancing panel and my preferred Dover lawyer was not. I wrote them a cheque for two hundred pounds in advance. What should be my next steps?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Aldermore conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to assist.
I am buying a terrace house in Dover. The intention is to convert the garage to an office at the property.Will legal investigations on the property involve checks to see if these alterations are allowed?
Your conveyancer should review the registered title as conveyancing in Dover can on occasion reveal restrictions in the title documents which prevent categories of works or need the consent of another owner. Some additions require local authority planning permissions and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these things with a surveyor ahead of any purchase.
I have paid off my mortgage with Coventry BS. I assume I don't need a Dover conveyancer on the Coventry BS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Coventry BS 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 Coventry BS mortgage from the register. Coventry BS, 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 Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
Completion of my purchase has taken place for my property in Dover. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
Are there restrictive covenants that are commonly identified as part of conveyancing in Dover?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Dover. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Dover differ for new build properties?
Most buyers of new build premises in Dover come to us having been asked by the developer to sign contracts and commit to the purchase even before the residence is built. This is because new home sellers in Dover usually acquire the real estate, 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 conveyancers 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 used to new build conveyancing in Dover or who has acted in the same development.