I am buying a right to buy a flat in Kimberley. Can I do my own conveyancing?

Leaving aside the complexities and merits of DIY conveyancing in Kimberley you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Kimberley.

This question may be naive but I am unseasoned as a first time purchaser of a garden flat in Kimberley. Do I collect the keys to the house on completion from my lawyer? If this is the case, I will find a local conveyancing solicitor in Kimberley?

There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the purchase money to the vendor’s lawyers, and shortly after the monies have arrived, you should be called to pick up the keys from the Estate Agents and move into your new home. This tends to happen between 1 and 3pm.

I have today made my last payment due on my mortgage with Co-operative. I assume I don't need a Kimberley lawyer on the Co-operative panel to discharge the mortgage at the Land Registry. Am I right?

If you have finished paying off your Co-operative 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 Co-operative mortgage from the register. Co-operative, 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:

1. but are not moving to another property
2. where Co-operative has sent the Land Registry the discharge electronically, and
3. Co-operative has instructed the Land Registry to do so

I can not fathom if my mortgage offer requires a lease extension. I have telephoned my Kimberley bank branch on a couple of occasions and was told they are content with the situation and they will lend. My Kimberley conveyancing solicitor - who is on the lender conveyancing panel- called to say that they will not lend based on their published requirements. Who do I believe?

Your property lawyer must comply with the CML Handbook section two specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.

Should my lawyer be asking questions concerning flooding as part of the conveyancing in Kimberley.

The risk of flooding is if increasing concern for conveyancers dealing with homes in Kimberley. Some people will purchase a house in Kimberley, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, 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 offer advice on flood risk, but there are a numerous searches that may be undertaken by the buyer or by their lawyers which will give them a better appreciation of the risks in Kimberley. The standard information given to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the seller to discover if the premises has ever been flooded. In the event that the property has been flooded in past and is not notified by the vendor, then a buyer could commence a legal claim for losses resulting from an incorrect reply. A purchaser’s lawyers will also conduct an enviro search. This should indicate whether there is a recorded flood risk. If so, more detailed inquiries should be carried out.

I decided to have a survey done on a property in Kimberley prior to retaining lawyers. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some banks tend not give a loan on this type of home.

It depends who your proposed lender is. Santander has different instructions from Nationwide. Should you wish to call us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Kimberley. Conveyancing may be slightly more expensive based on your lender's requirements.

Given that I will soon spend over three hundred thousand on a house in Kimberley I wish to talk to a lawyer about myhome move ahead of giving the go ahead to the firm. Can this be arranged?

This is something that we encourage - we would be delighted to talk to you we do not take any clients on without you first talking to the solicitor who will be conducting your property ownership legalities in Kimberley.There is no ‘factory style conveyancing’ - each client is an important person, not a case number. The solicitors that we put you in touch with believe that the fees you are calculated and presented to you for residential conveyancing in Kimberley should be the figure that you are charged.