It is a dozen years since I purchased my property in Maldon. Conveyancing solicitors have now been retained on the sale but I am unable to locate the title documents. Is this a major issue?
You need not be too concerned. Firstly the deeds may be with your lender or they may be in the possession of the solicitor who handled your purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Maldon relates to registered property but in the unlikely event that your property is not registered it is more of a problem but is resolvable.
We had instructed conveyancers locally in Maldon on the Skipton solicitor approved list. They are now charging me a further charge for handling the Skipton mortgage. Is this an additional conveyancing fee specified by Skipton?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your property lawyer is entitled to charge a fee for this. This charge is not set by Skipton but by your Maldon property lawyer. Some firms on the Skipton panel will quote an ‘acting for lender’ fee but many practices include it on their overall fee.
I am purchasing a property in Maldon. One unusual aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is RBS your lawyer must check the conveyancing requirements contained in Section 2 of UK Finance Lenders’ Handbook for RBS. The Council of Mortgage Lenders’ Handbook sets out minimum conditions for solar panel roof-space leases, and lawyers are required to report to RBS where a lease fails to satisfy these specifications. The requirements relate to the installation of panels on properties countrywide and is not limited to Maldon.
I can not work out if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Maldon bank branch on numerous occasions and was told it wasn't a problem and they will lend. My Maldon conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Provided that the lawyer is on the bank panel, she or he must follow the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender 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 remaining.
My wife and I are planning on selling our house in Maldon and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. A high street Maldon conveyancer would know this is not the case. It does beg the question why the purchasers used a factory type conveyancing firm as opposed to a conveyancing solicitor in Maldon. We have lived in Maldon for 5 years we know that this is a non issue. Should we contact our local Authority to get confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Maldon is where the house is located. Can you offer any advice?
Flying freeholds in Maldon are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Maldon you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Maldon may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
I am considering using a web based conveyancer rather than a Maldon conveyancing firm. Should I ‘stay local’?
There are advantages of being able to visit a local Maldon conveyancing solicitor for example
- signing papers and and when necessary
- often being able to speak to someone face-to-face can make a significant difference, particularly for more complex transactions
- the ability to raise concerns if matters are not going as expected
When checking estimates, look carefully for hidden extras. Most decent Maldon high street solicitors give an all-inclusive figure. Many online agents seem to offer cheap prices, yet have burried 'extras' in the fine print.