Our conveyancer has identified a defect with the lease for the flat we are purchasing in Castelnau. The other side have put forward title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer has advised that he must check that the lender is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
Can your site be used to locate a Conveyancing solicitor in Castelnau even where I’m not purchasing or selling a house, for instance if I wish to buy an office in Castelnau with a loan from Leeds Building Society?
The service is mainly utilised to select domestic conveyancing solicitors in Castelnau but we have recorded at the bottom of this page a few Castelnau commercial conveyancing firms. You will need to make contact with the solicitors directly to see if they are also authorised to represent Leeds Building Society
I own a terraced Georgian property in Castelnau. Conveyancing solicitor represented me and The Mortgage Works. I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold under the matching address. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Castelnau and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing solicitor who conducted the purchase.
Due to the guidance of my in-laws I had a survey completed on a house in Castelnau prior to retaining lawyers. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some banks may refuse to grant a loan on such a home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. Should you wish to call us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Castelnau. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way can the Landlord & Tenant Act 1954 affect my commercial property in Castelnau and how can you help?
The particular law that you refer to affords protection to business tenants, granting the right to make a request to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Castelnau is one of the numerous areas of the UK in which our lawyers have offices