What is the first thing I need to know about purchase conveyancing in Callington?

Not many law firms shout this from the rooftops but conveyancing in Callington or throughout Cornwall is often a confrontational experience. Put another way, when it comes to conveyancing there is plenty of room for friction between you and others involved in the transaction. For instance, the seller, estate agent and on occasion the lender. Selecting a law firm for your conveyancing in Callington an important selection as your conveyancer is your adviser, and is the ONLY party in the transaction whose responsibility is to act in your best interests and to keep you safe.

There is a worrying ongoing adversarial element to conveyancing- someone must be at fault for the process being so protracted. We recommend that you your first instinct should be to trust your lawyer above the other parties in the home moving process.

I am buying a property in Callington. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender HSBC be concerned?

As your lender is HSBC your lawyer must follow the conveyancing requirements outlined in Part two of UK Finance Lenders’ Handbook for HSBC. The Council of Mortgage Lenders’ Handbook contains minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to HSBC where a lease does not meet these specifications. The specifications relate to the installation of panels on properties countrywide and is not limited to Callington.

I am due to exchange contracts on my apartment. I had a double glazing fitted in August 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Skipton are being pedantic. The Callington solicitor who is on the Skipton conveyancing panel is saying indemnity insurance will be fine but Skipton are requiring a building regulation certificate. Why do Skipton have a conveyancing panel if they don't accept advice from them?

It is probably the case that Skipton have referred the matter to their valuer. The reason why Skipton may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

My offer on a property in Callington has been accepted, but there is a chain. The owners have placed an offer on a flat, however it’s not been accepted yet, and are looking at other apartments in the pipeline. I have selected a local conveyancing solicitor in Callington. What do I do now? At what point do I apply for the mortgage with Skipton?

It is usual to have concerns where there is a chain as you are unlikely to want to incur costs too early (mortgage application is in the region of one thousand pounds, then valuation, Callington conveyancing search costs, etc). The first course of action is to ensure that your solicitor is on the Skipton conveyancing panel. Regarding the next steps this very much dictated by the specifics of your transaction, attraction to the property and on the state of the market. In a buoyant market some purchasers would apply for the mortgage with Skipton and arrange for the valuation and only if it was satisfactory would they pay their lawyer to move forward with the conveyancing in Callington.

I purchased a renovated Edwardian property in Callington. Conveyancing lawyer represented me and Britannia. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the exact same property. I thought I was buying a freehold how can I check?

You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Callington and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing solicitor who carried out the work.

How does conveyancing in Callington differ for newly converted properties?

Most buyers of new build premises in Callington come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is ready to move into. This is because new home sellers in Callington typically acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Callington or who has acted in the same development.

I only have Seventy years remaining on my flat in Callington. I need to extend my lease but my freeholder is missing. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. For most situations a specialist should be useful to conduct investigations and to produce a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Callington.

Callington Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

Are any of leasehold owners in dispute over their service charge liability? Is the freehold reversion owned collectively by the tenants?