It is a dozen years since I acquired my home in Birmingham. Conveyancing solicitors have now been retained on the sale but I can't find the title documents. Is this a major issue?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by your mortgage company or they could be archived with the solicitor who handled the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. Most conveyancing in Birmingham involves registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
I am planning to acquire a house and need a conveyancing solicitor in Birmingham who is on the Barclays Direct conveyancing. Could you point me in the right direction as regards a conveyancing firm?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Barclays Direct in certain locations such as Birmingham. We dont recommend any particular firm.
What will a local search inform me about the property I am buying in Birmingham?
Birmingham conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search organisations for instance Xpress Legal The local search is essential in every Birmingham conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your property. The search should reveal data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject sections.
Are there restrictive covenants that are commonly picked up during conveyancing in Birmingham?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Birmingham. 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 Birmingham ahead of appointing lawyers. I have been informed that there is a flying freehold element to the property. My surveyor has said that some mortgage companies will refuse to issue a loan on a flying freehold house.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Birmingham. Conveyancing may be slightly more expensive based on your lender's requirements.