Some advice if I may. My Shirley solicitor is assuring me that she is duty bound toconduct Shirley conveyancing searches stemming from the fact thatthe firm are on the Lloydssolicitor panel. Do I not have any options here?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with a lender your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancing practitioner would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Shirley conveyancing searches.
My uncle passed away six months ago and as sole heir and executor I was left the property in Shirley. The house had a small mortgage remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this possible?
If you intend to re-mortgage then Bank of Ireland will insist on your using a conveyancer on the Bank of Ireland conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Bank of Ireland conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Bank of Ireland mortgage is registered as a charge at the Land Registry.
A colleague suggested that where I am purchasing in Shirley I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is usually quoted for as part of the standard Shirley conveyancing searches. It is a large report of about 40 pages, listing and setting out important information about Shirley 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 type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Shirley Education with maps and statistics, Local Amenities and other useful data regarding Shirley.
The deeds to our home are lost. The conveyancers who handled the conveyancing in Shirley 4 years ago have long since closed. Will I be able to sell the house?
As long as you have a registered title the details of your proprietorship will be held by the Land Registry with a Title Number. It is possible to execute a search at the Land Registry, identify your house and secure up to date copies of the Registered Entries for a small fee. If the title is Leasehold then the Land Registry will in most cases retain a file duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
Am I right to be suspicious about estate agents that I am dealing with are recommending a web based conveyancing firm as opposed to a High Street Shirley conveyancing practice?
As with many professional services, often referrals from family and friends can be worth their weight in gold. But there are lots of parties with a keen interest in a conveyancing deal; estate agents, mortgage brokers and mortgage companies may recommend conveyancers to instruct. On occasion these lawyers might be known to one of the organisations as one of the best in their field, but occasionally there might be a financial incentive behind the recommendation. You are at liberty to select your own conveyancer. Don't forget that many banks have an approved list of law firms you must use for the lender related work in your conveyancing.