Last July we completed a house move in St James. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been carried out for conveyancing in St James?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in St James. Conveyancing searches and investigations undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner fills in a document referred to as a SPIF. answers is misleading, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in St James.
Can I be sure that the St James conveyancing solicitor on the Coventry BS panel is any good?
When it comes to conveyancing in St James obtaining recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the solicitor handling your transaction.
We are getting the release of further monies on our mortgage from Coventry BS as we intend to conduct improvements to our house in St James. Do we need to appoint a bricks and mortar St James solicitor on the Coventry BS conveyancing panel to deal with the paperwork?
Coventry BS don't usually instruct firms on their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Coventry BS panel.
I have paid off my mortgage with Nottingham. I assume I don't need a St James conveyancer on the Nottingham panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nottingham 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 Nottingham mortgage from the register. Nottingham, 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:
- but are not moving to another property
- where Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a straight forward, chain free conveyancing. St James is where the house is located. Can you shed any light on this issue?
Flying freeholds in St James are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St James you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St James 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 premises.
My husband and I are new on the property ladder - had an offer accepted, yet the selling agent advised that the vendor will only move forward if we use their preferred conveyancers as they need a ‘quick sale’. My instinct tells me that we should use a high street solicitor with experience of conveyancing in St James
We suspect that the seller is unaware of this request. Should the seller desire ‘a quick sale', alienating a serious buyer is not the way to achieve this. Try to communicate with the owners directly and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with finances in place © you have nothing to sell (d) you wish to move quickly (e)but you are going to use your preferred St James conveyancing solicitors - not the ones that will earn their estate agent a kickback or hit his conveyancing thresholds demanded by corporate headquarters.
I am an executor of my recently deceased mother’s Will, with a bungalow in St James which is to be sold. The house has never been registered at the Land Registry and I'm told that some EAs will insist that it is done before they will move forward. What's the procedure for this?
In the situation you refer to it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.