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Conveyancing in Cornwall Q & A's

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Ask Lorraine a question lorraine@homewardlegal.co.uk

Updated: 15/10/17

Transport and public service information if you’re buying or selling residential property in Cornwall -

By road: Cornwall is served by the A30, A38, A39, A388, A390 and A394. By rail: The biggest train stations in Cornwall are Falmouth Town, Launceston, Newquay, Penzance, Redruth and Truro. By air: Cornwall Airport Newquay is 19 miles and Land’s End Airport is 34 miles from Cornwall’s county town of Truro.

Hospitals: Falmouth, Trescobeas Road, Falmouth, TR11 2JA Launceston General, Link Road, Launceston, PL15 9JD Newquay, St. Thomas’ Road, Newquay, TR7 1RQ West Cornwall, St. Clare Street, Penzance, TR18 2PF Camborne Redruth Community, Barncoose Terrace, Redruth, TR15 3ER Royal Cornwall, 2 Penventinnie Lane, Treliske, Truro, TR1 3LQ. Council: Cornwall City Council (www.cornwall.gov.uk).

Attractions: Eden Project, The Lost Gardens of Heliga, Tate St. Ives, Minack Theatre, Lizard Point, Land’s End, Cotehele,Geevor Tin Mine, Pendennis Castle, Cornish Seal Sanctuary, and National Maritime Museum.

Q.

We have received a quote from you for the purchase of a cottage in St. Ives. Will there be any extra fees that we need to budget for?

No. Homeward Legal never charge any extra costs for standard conveyancing legal work. Some websites offer unrealistically low 'quotes' which are in fact estimates, to which they will not be bound. Try our quote calculator, or call our team of conveyancing experts on 0800 038 6699 to discuss your needs and to obtain your fixed-fee quote.

Q.

For fast conveyancing on the purchase of a £165,000 house on the southern coast of Cornwall, what can we do to speed up the transaction?

Speeding up the conveyancing process will not involve bypassing any of the tasks. Instead, what is critical to accelerating it is to instruct a proactive and communicative solicitor, such as those on Homeward Legal’s panels. When selecting a solicitor, you should also ask yourself the following:

  • Did you experience any delays when requesting a quote?
  • Do they use email as the preferred mode of communication?
  • Do they offer a 'no sale, no fee' guarantee?

Homeward Legal’s expert solicitors are incentivised to complete the process as quickly as possible by using electronic forms of communication rather than the slower, more traditional methods. Use our quote calculator for an immediate ‘No Move, No Fee’ guaranteed fixed-fee quote.

Q.

Does your solicitors firm do the legal conveyancing of auction properties in Cornwall?

Buyers and sellers at auctions in Cornwall and throughout the rest of the country have appointed solicitors from Homeward Legal’s specialist auction conveyancing panel. As per the legal requirement, our solicitors work towards the four-week, post-auction timeframe for completion and exchange of contracts. For this to happen smoothly and to allow any legal issues to be highlighted as early as possible, shrewd auction-goers know that instructing their solicitor as soon as is practicable is crucial.

Q.

I have to exchange on the selling of my Cornish home inside two months. Are Homeward Legal fast conveyancers?

Our panel of solicitors adopt a completely proactive and pragmatic approach when fulfilling the transfer of title for customers to meet the home-sellers’ needs. Having invested in leading-edge integrated systems with local authorities, HMRC and the Land Registry, we also assign you a qualified conveyancing property lawyer who will go the extra mile to communicate with the entire buyer and seller property chain. Call our skilled conveyancing team on 0800 038 6699 to arrange a fixed-fee quote, backed up by our ‘No Move, No Fee’ guarantee.

Q.

After the disastrous Boscastle flood in 2004, how will my property solicitor investigate the potential risk of a flood in Cornwall?

A critical part of the legal process involves your solicitor conducting conveyancing searches that offer you details regarding the Cornwall flood risk area, but focusing on your property and its environs. Depending on the results that are returned, your lawyer, based on the significance of the risk, could recommend a specialist, inexpensive (around £20) Cornwall flood risk search.

Q.

My budget is stretched to the limit and I’m looking for ways of eliminating costs in my move to Cornwall. I’ve been looking at a scheme to avoid paying stamp duty, but is that a wise move?

Stamp Duty Land Tax (SDLT) is levied on properties bought for anything over £125,000. Trying to avoid paying the duty in one of the many schemes available is not advisable. Such schemes are often uneconomical and HMRC can review a scheme up to 6 years after a sale is completed, which means you could still be liable to pay up to 100% of any duty that remains. There have been certain official government schemes, however, such as for first-time buyers. A conveyancing solicitor should confirm whether you are eligible.

Q.

I am purchasing a Cornwall property with Direct Line Mortgages. What will we need to check in confirming the offer?

As you need a solicitor to handle the legal work on your property, so a mortgage lender requires representation to cover their legal affairs when organising a mortgage for you. Over the past few years, some lenders have reduced the number of firms on their approved panel, resulting in increased legal costs for purchasers if the lender insists upon their own property lawyer. At Homeward Legal, we can act for the majority of providers, approved by the Council of Mortgage Lenders, thereby eliminating the likelihood of the lender passing on their legal fees to you. Give us a call on 0800 038 6699 for fixed-fee quote and to discuss your moving plans.

Q.

Is a survey required when purchasing property in Cornwall?

The straight answer is that there is no legal requirement for a buyer to organise a structural survey on the property they are purchasing. However, Homeward Legal would firmly advise you to instruct a chartered surveyor to undertake for you, particularly if the house is an old one. While the conveyancing solicitor might note any obvious issues as part of the legal research for the title report, it is not part of the conveyancing remit to carry out a structural assessment. There can be a wide range of defects which will impact a property (e.g. roof spread, or insect infestation), which are not included in your mortgage lender's valuation.

Q.

Is mercury contamination regularly identified in Cornwall topsoil?

A.

There are laws in place to manage soil contamination. The local authority for Cornwall will be able to provide more detail on cases of contamination.

Q.

Which local authority is responsible for Cornwall?

  • Cornwall intersects with the following local authorities: Cornwall Council, County Hall, Treyew Road, Truro, TR1 3AY, Tel: 0300 1234 100, Cornwall Council, County Hall, Treyew Road, Truro, TR1 3AY, Tel: 0300 1234 101
  • Cornwall Council, County Hall, Treyew Road, Truro, TR1 3AY, Tel: 0300 1234 102, Cornwall Council, County Hall, Treyew Road, Truro, TR1 3AY, Tel: 0300 1234 103
  • Cornwall Council, County Hall, Treyew Road, Truro, TR1 3AY, Tel: 0300 1234 104
Q.

When should you arrange a solicitor?

A.

Simply, instructing as soon as possible is wise, as there are a number of tasks which may be performed immediately. Early instruction of a conveyancing firm can limit the risk of the transaction falling through.

Q.

For fast conveyancing on the purchase of a £466,000 house, what can we do to speed up the transaction?

A.

Crucial to fast conveyancing is to instruct a communicative solicitor. When selecting a solicitor, you should ask yourself the following: Did you experience any delays when requesting a quote? Do they use email as the preferred mode of communication? Are they 'no move, no fee'? This can incentivise a faster transaction.

Q.

Are any of the protected West Sussex conservation areas are in poor condition?

A.

An up-to-date register of the state of conservation areas is noted by English Heritage and the following information is currently viewable at the English Heritage website- Southlands is listed as very bad with medium vulnerability and condition improving significantly.

Q.

We have had a quote from you. Will there be any extra fees?

A.

No. Homeward Legal never charge any extra, hidden costs for standard conveyancing legal work. Some websites offer unrealistically low 'quotes' which are in fact estimates, which they will not be bound to.

Q.

Is a survey required when purchasing property in Cornwall?

A.

It is firmly advised that the majority of buyers arrange a home buyer survey. There can be a wide range of defects which will impact a property, which are not included in your mortgage lender's valuation, for example roof spread.