My solicitor has discovered a a legal deficiency with the lease for the apartment we are buying in East Molesey. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer has advised that he must ensure that the lender is content with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
We are looking to buy a property and need a conveyancing solicitor in East Molesey who is on the Clydesdale solicitor panel. Could you point me in the right direction as regards a conveyancing firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Clydesdale . We don't recommend any particular firms conducting conveyancing in East Molesey.
Will my conveyancer be making enquiries concerning flooding during the conveyancing in East Molesey.
Flooding is a growing risk for solicitors dealing with homes in East Molesey. There are those who buy a property in East Molesey, fully aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, but there are a various checks that can be carried out by the buyer or on a buyer’s behalf which can give them a better understanding of the risks in East Molesey. The standard property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question 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 vendor, then a purchaser could issue a compensation claim stemming from an misleading reply. The buyer’s conveyancers should also commission an environmental report. This will higlight if there is a recorded flood risk. If so, further investigations will need to be carried out.
I completed on my house on 11 June and the transaction details is not yet on the land registry website. Any reason for this? My conveyancing solicitor in East Molesey expressed confidence that it would be recorded in less than a month. Are properties in East Molesey particularly slow to register?
As far as conveyancing in East Molesey registration is no faster or slower than anywhere else in England and Wales. As opposed to being determined by geographic area, timescales can vary according to the party submitting the application, whether it is in order and if the Land registry must send notices to any third parties. At present approximately 80% of submission are fully dealt with in less than three weeks but occasionally there can be protracted delays. Registration is effected after the purchaser is living at the premises therefore registration formalities is not usually primary concern but where there is a degree of urgency associated with the registration then you or your solicitor must contact the land registry and explain the circumstances.
I have been on the look out for a ground for flat up to £195,000 and identified one close by in East Molesey I like with open areas and transport links nearby, the downside is that it only has 49 years unexpired on the lease. There is not much else in East Molesey suitable, so just wondered if I would be making a grave error purchasing a short lease?
If you need a home loan the shortness of the lease may be a potential deal breaker. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of twenty four months you may request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this matter.