My Belper lawyer has spotted a difference when comparing the surveyor’s assumptions in the valuation report and what is revealed within the title deeds. My solicitor has advised that he needs to ensure that the lender is OK with this discrepancy and is content to go ahead. Is my solicitor’s approach appropriate?

Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.

It is is a decade since I acquired my property in Belper. Conveyancing solicitors have just been appointed on the sale but I can't track down my title deeds. Will this jeopardise the sale?

Don’t worry too much. First the deeds may be retained by the mortgage company or they may be archived with the conveyancers who acted in your purchase. Secondly in most cases the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors procuring up to date copy of the land registers. Almost all conveyancing in Belper involves registered property but in the unlikely event that your property is not registered it is more problematic but is resolvable.

I have been told that property searches are a common cause of delay in Belper house deals. Is this right?

The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances during the legal transfer of property. Local searches are not likely to feature in any holding up conveyancing in Belper.

My step-father has recommend that I use his lawyers for conveyancing in Belper. Should I choose my own solicitor?

There are no two ways about it the ideal way to choose a conveyancing practitioner is to seek recommendations from friends or relatives who have actually previously instructed the firm you're are thinking of instructing.

I am attracted to a couple of apartments in Belper both have approximately fifty years remaining on the leases. Should I regard a short lease as a deal breaker?

There is no doubt about it. A leasehold apartment in Belper is a wasting asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it reduces the marketability of the premises. The majority of purchasers and banks, leases with under 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Belper conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Leasehold Conveyancing in Belper - Examples of Questions you should ask before buying

The answer will be helpful as a) areas may cause problems in the building as the communal areas may begin to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will want to have complete disclosure It would be wise to investigate if there are any onerous prohibitions in the lease. For instance it is fairly common in Belper leases that pets are not permitted in in a block in Belper. If you like the flatin Belper however your dog is not allowed to make the move with you then you have a very difficult choice. Does the lease include onerous restrictions?