Am I correct in assuming that the fact that my solicitor in Ottery St Mary is not listed on my mortgage company's conveyancing panel that there is a problem with the quality of his conveyancing?

It would be unwise to jump to that conclusion. There are plenty of plausible explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Ottery St Mary conveyancing firm and enquire why they are no longer on the approved list for your bank.

My god-son is buying a newly built flat in Ottery St Mary with a home loan from Lloyds. His conveyancer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?

The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Lloyds conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Lloyds conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Should commercial conveyancing searches reveal proposed roadworks that may affect a commercial land in Ottery St Mary?

Its becoming the norm that commercial conveyancing solicitors in Ottery St Mary will conduct a SiteSolutions Highways report as it reduces the time that conveyancers spend in looking into accurate data on highways that impact buildings and development assets in Ottery St Mary. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Ottery St Mary.

For every commercial conveyancing transaction in Ottery St Mary it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can result in delays to Ottery St Mary commercial conveyancing deals as well as pose a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Ottery St Mary.

Are there restrictive covenants that are commonly identified as part of conveyancing in Ottery St Mary?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Ottery St Mary. 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 am employed by a long established estate agency in Ottery St Mary where we have witnessed a number of leasehold sales derailed due to short leases. I have received conflicting advice from local Ottery St Mary conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Ottery St Mary Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

Is the freehold reversion owned jointly by the tenants? How much is the ground rent and service charge? What is the the remaining lease term?