My wife and I are purchasing a newly built flat in Clapton and my lawyer is informing me that she is duty bound to the mortgage company to reveal incentives from the seller. I am on a tight deadline to exchange and I don't want to prolong the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My friend recommended that if I am purchasing in Clapton I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is occasionally quoted for as part of the standard Clapton conveyancing searches. It is a large document of about 40 pages, listing and setting out significant information about Clapton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful data about Clapton.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Clapton is the location of the property. Can you shed any light on this issue?
Flying freeholds in Clapton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Clapton you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Clapton may decide 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 property.
What does commercial conveyancing in Clapton cover?
Commercial conveyancing in Clapton incorporates a wide range of advice, offered by regulated solicitors, relating to business premises. For example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.
My wife and I are disposing of a Clapton property left to us some years ago in 2009. I have over ten years conveyancing know-how and, now retired, intend to do my own conveyancing. The purchaser's conveyancer has informed me that their Lenders will not allow us to do our own conveyancing as they require the funds to be sent to a solicitor's bank account.
Lending instructions to conveyancing practitioners from all mainstream lenders specify that If the vendor does not have legal representation the borrower's lawyers should check whether the mortgage company needs to be notified so that a decision can be made as to whether they are willing to proceed.