A local conveyancing lawyer will know the area and people well, vital for a smooth purchase or sale. You can get in touch quickly when you have questions about your purchase, so it’s easy to rectify problems if they occur.
Title insurance is a type of insurance policy designed to protect you from any legal claims made against your property. In particular, it can help with boundary disputes and easements – which can often arise if a seller hasn’t included them in terms of their conveyance.
Conveyancing protects your interests as a buyer, seller, or mortgagor. Title insurance protects lenders against losses if there’s any problem with the title to the property you’re trying to buy.
It’s best to seek legal advice when any of the following situations occur:
Some of the most common legal issues that affect buying or selling property include:
A freehold property gives you an outright and permanent interest in the land it sits on. A leasehold is a temporary type of ownership, where your rights will expire after a set period or upon certain conditions being met.
With this, you need to be extra careful with any decisions about repairs and maintenance because they deal directly with the property itself. If something goes wrong, you’ll need to find a way to resolve the issue.
A mortgage lender has a right of re-entry when you breach your agreement with them and fail to rectify it within 15 days after receiving their notice. If you buy a property with an existing mortgage, it’s essential to be aware of the lender’s right of re-entry – because if they exercise this right, you’ll lose all your equity in the house.
When you take out a mortgage with most lenders, you will always make monthly payments over an agreed time. However, if you have been continuously employed for at least two years, some lenders will allow you to take a repayment holiday.
A repayment holiday means no repayments will be due for an agreed period. The interest, allowing purchase progress, accumulates and is added back into your loan when the repayment holiday ends.
A flexible mortgage is an adjustable-rate mortgage with the option to repay more than just your interest. You can either increase or decrease your regular payments, which will then go towards paying off some of the principal loan amounts as well.
A mortgage term and condition is a written agreement between you and your lender. The terms include the time for which the loan will be in place, repayment types available to you, fees related to borrowing or taking out insurance policies on properties covered by the loan.
When you apply for a mortgage, the lender will conduct an independent valuation of your property to determine its value. The figure given in this assessment determines how much money they are prepared to lend against it. If the house has unique features that increase or decrease its value, they must be listed in the report.
A mortgage offer refers to the approval of your loan application by your lender. It means you’ve passed all their checks, including affordability and credit scores. The terms are then set out in an offer letter or email that includes details about repayment amounts, fees, and service charges involved with borrowing money from them.
A mortgage arrangement fee refers to the charge you pay your lender for agreeing to borrow money from them. It could include valuation fees, legal services, and administrative costs for signing up the loan contract. It’s usually added to any other charges or interest included in the agreement.
When you agree to purchase a property, part of that agreement will typically include payment for any compensation. It can be in damages or loss from either party due to unavoidable circumstances like misrepresentation.
Conveyancing disbursement is a charge made by your solicitor to cover the costs of searches and other work required to complete your purchase. The amount of conveyancing disbursement depends on the purchase price, the type of property you are buying, and your lawyer.
As it’s sometimes called, a redemption period or grace period refers to the time you have after your initial fixed-rate expires before another fixed term begins. Depending on your lender and personal circumstances, it can be anything from a few weeks to three months.
There are several common causes of delays that can occur during a sale. These include:
A trust deed refers to certain legal obligations of the titleholder of your property. It also includes any restrictions on ownership, such as rights held by local authorities or charities over public land and buildings.
When you agree to purchase a property, your conveyancer will ask for any particular conditions that need to be resolved before the sale can proceed. These could include anything from having necessary building work done by a specific time and date to whether there’s an easement over part of your land entitling someone else access.
Tenants can also place conditions on a sale, requiring you to fix a broken window or replace a boiler. They will also need to be written into the contract on your conveyancer’s advice if you agree to these.
Conveyancing search time varies depending on the type of property you buy and what’s included in your conveyancing quote. It can often take around four to ten days for a seller, lawyer or registered valuer to complete searches when asked by buyers’ conveyors.
As it’s commonly called, Stamp duty refers to a tax placed on the transfer of property. These charges are split into two categories: residential and non-residential. Residential stamp duty applies when you complete your purchase, while non-residential duties apply if you’re involved with an investment purchase.
The amount of stamp duty you’ll need to pay will depend on the value of your property and where it is situated within a postcode or council district. You can find out more about these charges by contacting HM Revenue & Customs (HMRC).
If you’re buying a new home in England or Wales, your conveyancer will ask for you to take out building insurance when they send through the details of your purchase. If not, it’s often recommended that you arrange an RICS Homebuyer Report (formerly known as a Building Survey).
The surveyor will look at the condition of your property, as well as any other information you need to look out for. These can include anything from a lack of insulation or double glazing to foundation cracks and problems with drainage.
An easement refers to a right given by one party who owns land that crosses another’s land. If someone has an easement over your land, you’ll need to let them continue using that right of way whenever they wish. It can include access rights for electricity or gas suppliers, as well as any future homeowners who want to build on the plot next door.
An Easement is often written into a seller’s legal documents when you buy their property, but it can also be added by your lawyer when it’s complete.
You can pay conveyancing fees using several methods, including specialist online payment services or direct bank transfers. To avoid any delays, you should complete the payment in time. Also, you should be aware that it’s illegal for lawyers to ask you to post cash through the mail.
Title plans are a set of legal documents that summarize the ownership rights for your property. They also include any outstanding debts or restrictions on its use, such as easements and covenants with other homeowners nearby.
Your conveyancer will send you a title plan when they have completed their searches so you can review it before signing off on the sale. If you spot any inaccuracies or mistakes, make sure to bring these up with your conveyancer as soon as possible.