It is 10 years ago since I purchased my home in Earlswood. Conveyancing solicitors have just been retained on the sale but I can't find my title documents. Is this a problem?
You need not be too concerned. First the deeds may be retained by the mortgage company or they may be in the possession of the lawyers who handled the purchase. Secondly the likelihood is that the property will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in Earlswood involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is resolvable.
My flat in Earlswood is up for sale and I have a buyer. Does the conveyancing practitioner need to be required to be on the Virgin Money conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Virgin Money conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.
Should our solicitor be making enquiries regarding flooding during the conveyancing in Earlswood.
Flooding is a growing risk for conveyancers dealing with homes in Earlswood. There are those who buy a property in Earlswood, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, however there are a various searches that can be initiated by the buyer or by their conveyancers which will give them a better appreciation of the risks in Earlswood. The standard information supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the owner to discover whether the premises has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the seller, then a buyer may commence a claim for damages as a result of such an incorrect response. The purchaser’s conveyancers will also order an enviro search. This will indicate if there is a recorded flood risk. If so, additional investigations should be initiated.
The deeds to my property are lost. The lawyers who did the conveyancing in Earlswood 10 years ago have long since closed. What do I do?
Assuming you have a registered title the details of your proprietorship will be retained by HMLR under a Title Number. It is possible to execute a search at the Land Registry, identify your property and secure current copies of the property title for less than a fiver. Where the title is Leasehold then the Land Registry will also normally hold a file copy of the Registered Lease and again, a copy can be ordered for a small fee.
My brother has recommend that I appoint his conveyancing solicitors in Earlswood. Should I find my own property lawyer?
Much as we are happy to recommend a Earlswood conveyancing lawyer the best way to find a conveyancing practitioner is to have referrals from friends or relatives who have experience in using the conveyancer you're contemplating using.