What is the difference between a licensed conveyancer and conveyancing solicitor in Clare

Two types of professional can conduct conveyancing in Clare namely CLC regulated conveyancers or solicitors. The two can handle conveyancing services that required to complete the disposal or purchase of property. Both are required to handle Clare conveyancing on similar quality and guidelines so you can be safe in the knowledge that your conveyancing will be professionally administered and that all requisite steps should be correctly followed.

Forgive me if this question is silly but I am unseasoned as FTB of a garden flat in Clare. Do I receive the keys to the premises on the completion date from my solicitor? If so, I will instruct a local conveyancing solicitor in Clare?

On the day of completion you do not need to attend the conveyancers office in Clare. Conveyancing lawyers for you will arrange to send the purchase money to the seller's solicitors, and shortly after the monies have arrived, you should be invited to collect the keys from the selling Agents and move into your new home. Usually this occurs early afternoon.

I happen to be the single beneficiary of my late father’s estate with all property in now in my sole name, including the house in Clare. The Clare property was put into my name in . I want to move. I do know about the Mortgage Lenders 6 month 'rule', meaning my property ownership will be considered the same way as if I'd bought the property in . Will no one buy the property for half a year?

The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. How practical a view mortgage companies take of it, depend on the lender as this clause is chiefly there to pick up on the purchase and immediately sell or the flipping of property.

I am downsizing from our property in Clare and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. Any high street Clare lawyer would know that there is no such problem. It does beg the question why the purchasers are using a web based conveyancing outfit as opposed to a conveyancing solicitor in Clare. We have lived in Clare for 4 years we know that this is a non issue. Is it a good idea to contact our local Authority to get confirmation need.

It would appear that you have a conveyancing solicitor already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)

How does conveyancing in Clare differ for newly converted properties?

Most buyers of new build or newly converted property in Clare approach us having been asked by the seller to exchange contracts and commit to the purchase even before the property is constructed. This is because developers in Clare typically buy the land, 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 conveyancers 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 Clare or who has acted in the same development.

Due to the advice of my in-laws I had a survey completed on a house in Clare ahead of appointing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies may not give a loan on this type of home.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. If you contact us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Clare. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Clare to see if the conveyancing will be more expensive.

I am on look out for some leasehold conveyancing in Clare. Before diving in I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in Clare - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Clare Leasehold Conveyancing - Examples of Queries Prior to Purchasing

If a Clare lease has fewer than eighty years it will impact the salability of the apartment. It is worth checking with your mortgage company that they are happy with the length of the lease. A short lease means that you will probably have to extend the lease at some point and you need to have some idea of what this will be. Remember, in most cases you would be be obliged to have been the owner of the property for two years before you are eligible to extend the lease. It would be sensible to find out as much as you can concerning the company managing the block as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to practical matters such as the cleanliness of the common parts. Enquire of other tenants what they think of them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.