It is a dozen years since I acquired my home in Somerset. Conveyancing solicitors have now been appointed on the sale but I can't track down my title documents. Is this a problem?
Don’t worry too much. First the deeds may be kept by the mortgage company or they could be in the possession of the conveyancers who acted in the purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. Most conveyancing in Somerset relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
I used Stirling Law several years past for my conveyancing in Somerset. Now, I need the documents but cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Somerset of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Somerset differ for new build properties?
Most buyers of new build residence in Somerset contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the premises is completed. This is because new home sellers in Somerset tend to acquire the site, 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 conveyancing solicitors 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 used to new build conveyancing in Somerset or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a house in Somerset ahead of retaining lawyers. I have been told that there is a flying freehold overhang to the property. My surveyor advised that some lenders may refuse to issue a mortgage on such a premises.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Nationwide. Should you wish to call us we can look into this further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Somerset. Conveyancing may be slightly more expensive based on your lender's requirements.
Should I instruct a Somerset conveyancing practitioner in close proximity to the house I am hoping to buy? We have a good friend who can perform the conveyancing however her office is a couple of hundredmiles away.
The benefit of a local Somerset conveyancing firm is that you can attend the office to execute paperwork, present your identification documents and pester them if necessary. Having local Somerset know how is a benefit. However it's more important to get someone that will pull out all the stops for you. If you know people who instructed your friend and the majority were impressed that must surpass using an unknown Somerset conveyancing solicitor solely due to them being based in the area.