My wife and I are looking to acquire a property in West Drayton and are in fact using a West Drayton conveyancing practice. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Bank of Scotland have this morning contacted us to inform me that there is now an issue as our West Drayton conveyancer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with mortgage finance it is usual for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own West Drayton solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
I am need of leasehold conveyancing for an apartment in a fairly new development (five years old) in West Drayton. 95% of the flats are already occupied. Is it really necessary to order neighbourhood searches for my conveyancing in West Drayton?
You are putting yourself at risk in failing carrying out West Drayton conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal requirement to have them, but we would strongly advise in the strongest possible terms that your conveyancer conducts them. Where timings and expenses are primary issues you should discuss with your lawyer about the option of search insurance
I am the registered owner of a freehold premises in West Drayton but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in West Drayton and has limited impact for conveyancing in West Drayton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
What does a local search tell me about the house my wife and I purchasing in West Drayton?
West Drayton conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search company for instance Onsearch The local search plays an important part in many a West Drayton conveyancing purchase; that is if you don’t want any nasty once you have moved into your property. The search will provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.
I used Wolstenholmes several years ago for my conveyancing in West Drayton. Now, I need the files but the law firm is no longer operating. What do I do?
Do call 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 West Drayton of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
The mortgage broker has recommended their lawyer for my conveyancing in West Drayton - Surely it’s easier to just instruct them?
You need to establish if the selling agent is recommending a conveyancer or introducing to a conveyancing practitioner. There are plenty of West Drayton selling agents who recommend two or three West Drayton conveyancing firms and get nothing from it.