Having been told to check out your organisation we were about to use a conveyancing solicitor in Cumbria endorsed by you but have come across alternative costs illustrations via the web appear cheaper – why is this?

There are many firms of solicitors promoting so-called cut-price conveyancing, but extrafees end up with the completion invoice being escalated. Conveyancers are obliged to make sure that costs contained in terms of business should be equitable raised The solicitors that we list for conveyancing in Cumbria specify all legal fees for a domestic conveyancing case.

I opted to have a survey carried out on a house in Cumbria ahead of retaining solicitors. I have been advised that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies may not issue a loan on such a premises.

It depends who your proposed lender is. Bank of Scotland has different instructions from Nationwide. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Cumbria. Conveyancing may be slightly more expensive based on your lender's requirements.

I was recommended by a few estate agents in Cumbria to choose a solicitor on your site. What’s the financial incentive for Estate Agents to recommend your site over and above alternative conveyancing organisations?

We don’t offer any commission for directing people to this site. We thought it would be too underhand a fee as home movers will think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.

I am a negotiator for a busy estate agency in Cumbria where we have witnessed a number of flat sales derailed due to leases having less than 80 years remaining. I have been given inconsistent advice from local Cumbria conveyancing firms. Can you clarify whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Leasehold Conveyancing in Cumbria - Examples of Queries before Purchasing

Are any of leasehold owners in dispute over their service charge liability? The prefered form of lease structure is if the freehold reversion is owned by the leaseholders. In this situation the tenants enjoy being in charge if their destiny and although a managing agent is often employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

My parents cant seem to find their Cumbria property on the HM Land Registry website. They have a vague recollection back in the 60’s when they purchased the property there were complications regarding Cumbria not being recognised in some systems.

Almost all properties in Cumbria should appear. Have you endevoured to search with simply the postcode. Normally it will disclose all the houses and flats within the postcode. Where recorded it will show up with a title number. Where they bought fifty years ago it's conceivable it may be unregistered. The address might still be revealed but with the title number identified as 'na'. In this scenario you will need to track down the original title documentation which may be with your parent’s mortgage company.