Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

@CatAndHisKit oh dear it sounds like to me that the lender has separate solicitors acting for them if they've raised loads of enquiries as this is not normal practice.

Usually when I act for a buyer I will also act for their lender so the lender wouldn't raise enquiries. You need to find out if the lender has separate representation and if so you're probably looking at another good 3/4 weeks if it's just started .. they usually reserve 7 days to revert back to the buyers solicitors and are very pedantic! They basically do exactly the same work as what your buyers solicitor has done and have to make sure that they are also happy that everything is in good order!!

Xx

Yes, I think I've mentioned that before on here as my solicitor referred to them 'probably' using own solicitors - they do have own solicitors, no idea why have this system! Is it usual for the BTL maybe?
So I'm assumig that so far the buyer's sols are providing the info already supplied bby us to them, and THEN there may be additional stuff which I'm dreading.
3/4 weeks not too bad, but I wouldn't want it any longer! (not would my vendors)

sorry OP what do you mean by 'revert back' in 7 days - after they've got it all resolved or at he start? We had that long silent week lat eek with no updates, not sure if that was some part of the process...

Just had another look and the exact wording from buyer's sols is 'we are working through their requirements' (the lenders lawyers') and that although the exchange could be made before the conlusion, it would not be a reliable basis for the seller - not sure if he meant the completion date as that's what we asked the approx timeframe for.

I have a quick question if I may. I’m buying a property from an individual (call them A) . It was sold to A for say £100k (below market price) from a divorced lady (B) the ex husband (C) had a 50% charge on the property. When sold to A, B was paid and I guess paid off C’s charge. However it is been quickly sold on to us at say £400k. I’m worried (but don’t know) that B has sold to A cheaply to get rid of the charge and there is a stitch up between A and B to get rid of C’s charge. Is they any recourse on us or is it just a potential issue between A B and C? Thanks so much

@MummytoGeorgie
CAN YOU EXPLAIN SOMETHING PLEASE?
I am currently in the final stages of buying my ex out of the house. The application is in process and should be done in around 4 weeks. I have had 3 estate agents come out and valued my property at £190,000. I have £136,000 on the mortgage left. My ex owns 20% and I own 80% of the house so I'm buying his 20%. So I'm working it out as £190,000 take £136,000 is £54,000. So his 20% is £10,800 which I am happy to buy him out at and have been accepted for.
On Wednesday I have the solicitors property surveyor coming to visit the property to make sure it matches the valuation of the other 3. My credit broker has said if would be best if my house was to be valued even more than this because this would lower my monthly repayments of the mortgage? Why is this?

Also if the surveyor does value it even higher than that does that mean I have to pay my ex out more? I can't quite get my head around it?

Thank you so much X

@CatAndHisKit having separate lenders solicitors can be for either BTL or a mortgage where you'll live there.

Yes, so the buyers solicitors will provide them with everything thus far your solicitor has provided to the buyers solicitors and the buyer will need to send across the searches and their own findings... the lenders solicitors will then raise enquiries on them or ask additional information if things aren't in order or if they require clarification on certain aspects.

Re 7 days, when the buyers solicitors responds to the lenders solicitors, the lenders solicitors usually reserve the right to take up to 7 days to review everything and response so they are notoriously slow from my experience.

Hope it's not too much longer for you. Xx

@NWmother hey, thanks for the question. Your solicitor will need to find out exactly the situation as there's many questions they will have to raise. They will most likely ask the sellers solicitors to provide an indemnity policy to cover you in the event of any action being taken. Depending on how much time has passed there could indeed be recourse but you should inform your solicitor to ascertain all information and facts.

Your solicitor will make sure from reviewing the title deeds that aren't any onerous charges on the property as part of their investigations xx

@Leannedunn123 hey, thanks for the q! Re your broker advising that the valuation should be higher to make your repayments lower you would need to ask them as to why as I am not a mortgage broker but if the property was valued higher and sold for a higher price then yes, the figure you've agreed with your ex would increase. If it's valued higher and still sold for what it's selling for now then it wouldn't change xx

@Spo2021 hello, I hope you're well.

ROW should be on the title deeds to your property granting a right for the neighbouring property to pass over and along the ROW and should also be on the title deeds to their property as reserving a ROW over the land in question.

You really do need to instruct a solicitor as they will need to ensure that the deed of easement is correct and the plan contained within it is accurate.

I would mention that if there are any mortgages on either property you may have to get consent from the lender prior to entering into a deed of easement.

You should also speak to a surveyor and check that by accepting the ROW that it doesn't affect the value of your property.

Is the ROW required for them to use their property or just desired by them?

If it's not on either title deeds then it could have been left off in error which a Deed of easement would then be required but if it's not essential to them using their property (I.e they need the ROW to take their bins out or similar) then I would be very careful before you sign something without having it prior viewed by a solicitor.

The solicitor will also need to register the deed of easement at the land registry or you could just agree for them to use it informally without making it a legal ROW. It really depends on what it's for and why they need it as to whether they could take you to court.

I'd definitely reinstruct your solicitor.

Xx

@Spo2021 ah you're welcome.

Firstly, you should have them cover your legal costs. You should NOT be footing the bill. You will need to ask your solicitor to obtain an undertaking (a legal promise) from their solicitor to pay the fees incurred by you.

They can submit evidence to the land registry but it's not as air right as having a deed of easement.

That being said if they don't actually NEED the access (like you said, they have their own access to take the bins out as they're on the end) then I don't understand why they are being so pedantic about it.

I would speak to a solicitor re 1) have they got a leg to stand on if they go to court (I don't deal with contentious matters).. if not, I'd be inclined to tell them that they can no longer have access if it isn't actually needed and 2) if they would take it to court and would get a good chance of it being accepted, get them to cover your legal costs and go from there with the deed of easement.

Xx

When do you have to disclose a problem with a neighbour?

@purpleme12 when you come to sell the property.

Yes I got that lol

I mean do you have to disclose a problem with the neighbour or is it always just if the neighbour has reported it to the police that you have to disclose it?

@purpleme12 when you come to sell your house you will be given forms to complete (property information form) and it asks if you have ever had a dispute with a neighbour.. whether you've reported or been reported to the police is irrelevant x

Thank you for this thread such a great idea!

I had an offer accepted on a property two weeks ago. Chain is complete and we have all instructed solicitors. Still no contract pack from my seller though. How long is it normal to wait for this? I chased the EA last Thursday who phoned the seller's solicitor and they said it was "in dictation" and would be sent out on Friday. Still nothing received. I'm getting a bit anxious about it all, is it still normal to not receive a contract pack 2 weeks in?

@wallflower101 Hello, congrats on the chain being complete and starting the process :-)

Sometimes solicitors won't send out contract packs until their client has provided all ID documentation and paid money on account.

If it's in dictation though I would assume that those formalities would have completed but the solicitor is waiting for his assistant to process it.

If they said that they'd send it out Friday and didnt id speak to the agent tomorrow and get them to chase it again.

Sometimes things can be a bit slow at the beginning but im sure it will be received soon!

Good luck xx

Thank you for taking the time to respond, that's reassuring. I was getting worried about maybe the seller changing their minds etc but sounds like it's not anything too untoward. Will get the agent to chase again tomorrow

Hi I am hoping you might be able to advise me also , I sold my home and received 220 k equity paid off the mortgage and used my equity to buy half of my partners home , he has a sole mortgage so his solicitor advised a deed of trust , now the deed has been registered with the land registry my name is on as a covenant that I have to given written consent if anything is to be done with the property his solicitor said we should add me when we remortgage , I’m so upset as I have sunk my life savings into this and feel like I’m in a very vulnerable position , I wanted to have my name on the land registry as joint owner , he has said he will
Sort this but I’m so scared what if something were to happen to him before this is sorted out ? I feel like I’ve been too trusting and left myself vulnerable

@MummytoGeorgie

can you explain what happens between getting searches and asking questions to the seller .

Say everything is straight forward , cash buyer , no alterations to house , all fixtures and fittings agreed , house only 1 year old ? no survey to wait for ? so no real questions ?

could it be quick if solicitors got moving ?

@Joliv123

Hello,

It would have been wise to obtain independent legal advice before you gave the funds across and really he should have done a transfer and remortgage into your joint names.

That being said you're in the position you're in now.

As long as the deed of trust has been registered with the land registry and there is a restriction in your favour on the title deeds then should anything happen to him then you will be paid your money back out of the property once sold.

Did the solicitor pay him your money or the mortgage off directly ?

If she paid him I'd be inclined to ask for evidence that the funds were used to pay off the mortgage so you know that he just isn't sitting on that money. Otherwise if he spends it on something else and something happened to him then there wouldn't be enough equity to pay you off on resale - that'd be my only concern but the solicitor should have paid the money directly to the bank!

I'd still ask him to do a transfer and remortgage into your joint names.

If, in the event he refused and things turned ugly (obv hoping they don't but you never know in these situations) you can force the sale by obtaining an order with the court so that you can recover your funds that way.

Xx

Thanks for the reply I transferred the money to him and watched whilst he paid off the mortgage it was all done in my sight so I’m ok with that , the plan was to remortgage and the do the land registry so your reply has put me at ease thank you