Throughout this stage of your purchase, we will be requesting information about the property you are purchasing from multiple sources including property search providers, your mortgage provider, and the seller themselves. We will receive this information back at varying points. Some solicitors will wait until they have all of the reports back to then report back to their client. We will always report back to you as soon as we receive any information so that you are always up to date.
Draft Contract Pack Report
We will send you a Contract Pack Report based on the Contract and property information provided by the seller’s solicitor. If there’s anything we think you should be aware of, we will provide you with that information in the report. We will also provide you with a Mortgage and Search Report which may be sent before or after the Contract Pack Report.
The Contract Pack Report is a document that we produce once we have reviewed the information in the Contract Pack produced by the seller’s solicitors and includes all the enquiries we have raised. The report provides information on the Contract Pack and the property itself. Where information is missing, we raise enquiries highlighting the missing information.
WHAT DO YOU NEED TO DO?
- Make sure you take your time to read through the Contract report and the enquiries that we have raised. Please feel free to let us know if there is anything that you do not understand or if you have any questions
- If you have any further enquiries that you would like us to raise, please do let us know via email
Property Searches Report
When buying a property in the UK, a “property search” refers to a series of checks that are conducted on the property and the surrounding area. These searches are designed to provide you with important information about the property and any potential issues that may affect its value or use. Some common types of property searches include a local authority search, which looks for information about the property’s planning and building regulations history, and a drainage and water search, which provides information about the property’s water supply and drainage systems. Other searches may include an environmental search, which looks for information about any potential contamination or pollution on or near the property, and a chancel repair search, which looks for information about any potential financial liabilities related to the upkeep of local churches.
At this stage, the searches ordered on your property have now been completed. We have reviewed the completed searches and raised any enquiries to the seller’s solicitor. We will forward copies for you to review together, with a Search Report summarising the key points. If there is anything you should be specifically aware of, we will let you know in the report.
It is your responsibility to check the search result and satisfy yourself that it does not contain details of any proposed development which would affect your use or enjoyment of the property. We can support you with this but are not qualified to interpret the results of the environmental searches.
The report usually covers:
- Local Authority Search
- Water & Drainage
- Environmental Report
- Chancel Repair Liability Insurance
- The enquiries that we have raised
LOCAL AUTHORITY SEARCH
Local Authority searches tell us if:
- The property is listed
- The property is in a conversation or tree preservation area
- An improvement or renovation grant is required
- The property is in a smoke control area
- There are currently any existing proposals for new roads or traffic schemes
- Any of the nearby land is contaminated
- There are any planning decisions affecting your property
- There are any building regulations you need to be aware of
- The property is in an area affected by Radon
- An old landfill contaminating the local land
- Flood risks
WATER & DRAINAGE SEARCHES
Water, Drainage and Property searches tell us:
- Which local water company is responsible for the water and drainage to/from the property
- Any nearby public sewage networks and whether any of these runs close to the property
- If any of your neighbour’s drainage and sewerage runs through the property
WHAT DO YOU NEED TO DO?
It is important that you make sure you are satisfied with the following, as the seller is not required to disclose certain matters affecting the property:
- That the Land Registry plan reflects the location of the boundaries at ground level
- If there are any signs of any rights over the property in favour of anybody else
- If there are any signs of any adult occupiers at the property other than the seller. This may indicate that there are tenants or lodgers who may have a right of occupation
- If there have been any alterations or extensions to the property (including a conservatory or new windows)
We have reviewed your mortgage offer document and we are now reporting to you with a summary of the conditions within your offer. If there is anything you should be specifically aware of, we will let you know in the report. We will also enclose the mortgage deed which you are required to sign in the presence of a witness and return to us.
HOW TO SIGN A MORTGAGE DEED
Arrange a Witness
- The witness must be over 18 years of age
- You must sign, but not date, the mortgage in front of the witness
- Your witness cannot be a family member or live at your address
Check for spelling mistakes
- Double check that your name is written correctly on the mortgage deed, including any middle names
- Check that the address of the property you are purchasing is also written correctly
Sign the Mortgage Deed
- Sign under “Mortgage signature”
- Your Witness then signs under “Witness Signature”
- Your witness must also print their name in block capitals as well as providing their full address
WHAT DO YOU NEED TO DO?
- Read your mortgage report and follow the instructions within that report
- Arrange to sign the mortgage deed in the presence of a witness, but do not date the mortgage deed.
- Send the signed mortgage deed back to your Legal Team
- Send us a copy of the valuation
DOES SIGNING THE MORTGAGE DEED MAKE IT LEGALLY BINDING?
No, signing the document just confirms that you are happy to proceed with taking out the Mortgage based on the terms of the offer. The Mortgage deed becomes a legally binding document at completion.
WHO CAN WITNESS A MORTGAGE DEED?
The witness must be over 18 years of age. They cannot be a relative or living at the property that the mortgage is being taken out on. Some lenders nay not accept a mortgage advisor as a witness. The same person can act as a witness for both purchasers.
DO I NEED TO DATE THE DEED?
No, you only need to sign the deed. Your Solicitor will date the deed in preparation for exchange and completion.
CAN I SIGN THE MORTGAGE DEED DIGITALLY?
We are required to send the mortgage deed via post to the address that we have been provided with by your mortgage lender. This helps to reduce the risk of mortgage and conveyancing fraud.
You will also need to sign your deed with wet, black ink and return it to us in the post, or by visiting your local Lyons Bowe office.