Me and my wife are buying our first property. The conveyancing practitioner has calledto see if we would like to order extra conveyancing searches. We are really unsure what's needed for conveyancing in Harrow Weald
The type of Harrow Weald conveyancing searches depends primarily on the premises, the location, the likelihood of any of these risks, your knowledge of the locality and risks, your general approach to risk. What is important is that you adequately appreciate what information the searches could give you. Then you can make a decision if you consider that you need that information. Should you be uncertain, ask your conveyancing practitioner to recommend.
My husband and I wish to acquire a purpose built flat in Harrow Weald with a residential mortgage from Barnsley Building Society.We use our Harrow Weald conveyancing solicitor but Barnsley Building Society says her practice is not listed on their "panel". It seems we are left with no choice but to instruct a Barnsley Building Society panel firm or keep our local solicitor and fork out for a Barnsley Building Society panel lawyer to act for them. This seems very unfair; Can we not simply insist that Barnsley Building Society use our lawyer?
Unfortunately,no. The mortgage issued to you contains terms and conditions, a common one being that lawyers will be on the Barnsley Building Society conveyancing panel. Until recently, most mortgage companies had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Barnsley Building Society
Is it the case that all Harrow Weald conveyancing solicitors on the Virgin Money conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Virgin Money approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. Some banks do allow licenced conveyancers on their panel and in such a situation the practice would be governed by the Council of Licensed Conveyancers.
I am purchasing a property in Harrow Weald. A rare aspect is that the roof has a solar panel. Clydesdale have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is Clydesdale your lawyer must comply with the conveyancing instructions outlined in Part 2 of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook contains minimum provisions for solar panel roof-space leases, and lawyers are required to report to Clydesdale where a lease fails to meet these provisions. The provisions relate to the installation of panels on properties in England and Wales and is not limited to Harrow Weald.
I am currently in the process of buying my council flat in Harrow Weald. I have a mortgage agreed with Nottingham. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
Are there restrictive covenants that are commonly identified as part of conveyancing in Harrow Weald?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Harrow Weald. 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…’
I decided to have a survey completed on a property in Harrow Weald ahead of retaining solicitors. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some banks will not give a mortgage on this type of property.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. If you contact us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Harrow Weald. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Harrow Weald to see if the conveyancing costs will increase in light of this.