What happens if my solicitor is suspended from the UBS Solicitor panel ahead of completing my conveyancing in Victoria?

First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.

Are there restrictive covenants that are commonly picked up as part of conveyancing in Victoria?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Victoria. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Just had an offer accepted on a new build flat in Victoria. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Victoria

Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. There must be mutual enforceability of lessee’s covenants.

Due to the encouragement of my in-laws I had a survey completed on a house in Victoria in advance of appointing conveyancers. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies may refuse to give a loan on a flying freehold house.

It depends who your proposed lender is. Bank of Scotland has different requirements from Nationwide. If you contact us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Victoria. Conveyancing will be smoother if you use a solicitor in Victoria especially if they are accustomed to such properties in Victoria.

How do I locate a Victoria law firm on the The Royal Bank of Scotland conveyancing panel? I have a car and am prepared to travel upto 20kilometers to meet the lawyer.

Feel free to make use of the tool on this page. Please pick a bank and your location and you will see a number of Victoria conveyancing lawyers located nearest you. We have listed some Victoria conveyancing firms at the bottom of this page and you can call them to check whether they are on the The Royal Bank of Scotland approved list