We are acquiring a brand new apartment in Minera and my lawyer is telling me that she is duty bound to the lender to reveal incentives from the developer. I am under pressure to sign contracts and my preference is not to prolong matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your . A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
We're in Minera, First time buyers purchasing with a mortgage (lender is , and our solicitor is on the conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am purchasing a 3 bedroom semi in Minera. We would like to an extension at the rear at the property.Will legal due diligence on the property involve investigations to determine if these works were previously refused?
Your conveyancer will check the deeds as conveyancing in Minera will on occasion identify restrictions in the title deeds which prohibit certain works or necessitated the permission of another owner. Many extensions call for local authority planning consent and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor before you commit yourself to a purchase.
I have paid off my mortgage with . I assume I don't need a Minera on the panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your 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 mortgage from the register. , 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 has sent the Land Registry the discharge electronically, and
- has instructed the Land Registry to do so
I am due to exchange contracts on my house. I had a double glazing fitted in May 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, are being difficult. The Minera solicitor who is on the conveyancing panel is happy to accept ‘lack of building regulation’ insurance but are requiring a building regulation certificate. Why do have a conveyancing panel if they don't accept advice from them?
It is probably the case that have referred the matter to their valuer. The reason why 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.
A colleague advised me that where I am purchasing in Minera I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally included in the estimate for your Minera conveyancing searches. It is a large report of about 40 pages, listing and detailing significant information about Minera around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Minera Education with plans and statistics, Local Amenities and other useful data about Minera.
I have todaybecome aware that Wolstenholmes have closed. They carried out my conveyancing in Minera for a purchase of a freehold house 12 months ago. How can I check that my home is in my name in the name of the former proprietor?
The quickest way to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Minera conveyancing specialists.