We're in Caterham, FTBs purchasing with a mortgage (lender is TSB , and our lawyer is on the TSB conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the TSB conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer 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.
We are buying a house in Caterham. It might be a silly question but how we can trust a lawyer? On completion day we will need to deposit money into their account. What is the protection we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
My bid for a property was accepted at auction in Caterham. Conveyancing is needed. What is next?
Having exchanged you will need to instruct a conveyancing practitioner soon as you are faced with a pending deadline in which to complete the property. Every auction property should have an associated legal pack. This will likely include evidence of title and search results. Where you are dealing with leasehold property the auction pack may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to a leasehold property. You must pass this on to the solicitor working for you at the earliest opportunity. You also need to ensure that you have funds in order to complete on the on the contractual date .
I have instructed a Caterham conveyancing practitioner having checked that they are on the TSB conveyancing panel. Does my lawyer arrange the survey of the property?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Caterham postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in Caterham.
My wife and I are downsizing from our home in Caterham and according to the buyers it appears that there is a risk of it being built on contaminated land. Any local conveyancer would know that there is no such problem. It does beg the question why the purchasers instructed a national conveyancing outfit as opposed to a conveyancing solicitor in Caterham. Having lived in Caterham for three years we know that this is a non issue. Should we contact our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You must 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 ailment)
Are there restrictive covenants that are commonly picked up during conveyancing in Caterham?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Caterham. 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…’
My husband and I are first time buyers - had an offer accepted, yet the estate agent told us that the owners will only issue a contract if we instruct their chosen conveyancers as they want a ‘quick sale’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Caterham
It is unlikely the sellers are driving this. Should the owner require ‘a quick sale', taking such a hostile approach to a serious purchaser is counter productive. Speak to the vendors direct and make sure they understand (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you are chain free (d) you wish to move quickly (e)but you will continue to instruct your own,trusted Caterham conveyancing solicitors - rather thanthose that will provide their estate agent a referral fee or meet his conveyancing thresholds set by HQ.
Should one as executor remove a departed person's name from the title deeds for a property in Caterham?
Where a Caterham property is jointly owned and one of the proprietors dies, their name will not automatically be removed from the Land Registry title. You are not required to remove their name as when it comes to a sale you would just be asked to evidence as to the reason the co owner is not a party to the contract, such as the probate documents.
With the aim of making the sale conveyancing simpler for the sale of the property you may arrange to have the deceased party removed from the title by applying to the land registry with evidence of the death. There is no fee from the Registry for this service.