It is 10 years ago since I bought my house in Derby. Conveyancing solicitors have just been retained on the sale but I can't track down my title documents. Will this jeopardise the sale?

You need not be too concerned. First the deeds may be kept by your lender or they could be in the possession of the lawyers who oversaw your purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Almost all conveyancing in Derby involves registered property but in the rare situation where your property is not registered it is more problematic but is not insurmountable.

Please explain the implications if my lawyer’s firm is expelled from the Nationwide Conveyancing panel ahead of completing my conveyancing in Derby?

The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.

Me and my partner are buying a flat in Derby. I might seem paranoid but how we can trust a solicitor? On the day of competition we will need to send money into their account. What is the protection we have from them run away with our deposit?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

I have today made my last payment due on my mortgage with Barclays. I assume I don't need a Derby property lawyer on the Barclays panel to remove the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Barclays has sent the Land Registry the discharge electronically, and
3. Barclays has instructed the Land Registry to do so

I have decided to exercise my right to buy my property in Derby off the council. I have a mortgage agreed with Yorkshire BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.

I am attracted to a couple of apartments in Derby both have about forty five years remaining on the leases. Should I regard a short lease as a deal breaker?

There is no doubt about it. A leasehold flat in Derby is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it adversely affects the salability of the property. For most purchasers and mortgage companies, leases with less than eighty years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property 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 a property 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 Derby 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. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed 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.

Derby Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing

It would be sensible to discover as much as possible concerning the company managing the building as they will either make your living at the property much simpler or much more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters such as the cleanliness of the communal areas. Ask other people what they think of them. In conclusion, find out the dates that the service charges are due to the relevant party and precisely what it includes. Best to be warned whether fixing the lift or some other significant cost is coming up that will be shared by the tenants and could well dramatically increase the the service charges or require a specific invoice. It would be sensible to find out if the the lease contains any adverse restrictions in the lease. For example it is reasonably common in Derby leases that pets are not allowed in in a block in Derby. If you like the propertyin Derby however your dog can’t live with you then you have a very difficult determination.

Are you able to confirm the extent of conveyancing undertaken by Derby conveyancing firms?

For the most part Derby conveyancing practices tend to offer various assistance to residential and agricultural land proprietors, vendors, buyers, landlords and tenants and you can expect them to do some of the following services:

House sale conveyancing in Derby and across the country Private residential purchase conveyancing in Derby and further afield Transferring equity for example transfer of a share in a property Switching mortgage providers Property division, as a result of divorce or breakdown of a relationship Conveyancing relating to newly converted buildings