It is 10 years ago since I bought my home in Duffield. Conveyancing lawyers have now been retained on the sale but I am unable to locate the title documents. Will this jeopardise the sale?

Don’t worry too much. First there is a possibility that the deeds will be retained by the mortgage company or they could be in the possession of the solicitor 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 acquiring up to date copy of the land registers. Almost all conveyancing in Duffield involves registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.

I have a decision in principle. The lender mentioned the mortgage came with free conveyancing. Does this mean I have to use their panel conveyancer as I would much rather appoint a Duffield based conveyancing firm?

Do check but the the likelihood is that appoint one of their panel lawyers where you want the "fee-free" offer. Speak to the lender and check if they allow a monetary alternative. Some lenders have previously offered a £250 cashback as a further option in which case that money can go towards your preferred conveyancing solicitor in Duffield.

Just had an offer accepted on a new build apartment in Duffield. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Duffield

Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

I decided to have a survey done on a property in Duffield prior to retaining lawyers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies will refuse to issue a loan on this type of premises.

It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Duffield. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Duffield to see if the conveyancing will be more expensive.

I am tempted by the attractive purchase price for a two maisonettes in Duffield which have approximately forty five years left on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold apartment in Duffield is a wasting asset as a result of the reducing lease term. The closer the lease gets to its expiry date, the more it reduces the value of the property. For most buyers and mortgage companies, leases with less than 75 years become less and less attractive. 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 Duffield conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending 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.

Duffield Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

Who are the managing agents? On the whole the cost for major works are not built into the maintenance charges, albeit that some managing agents in Duffield obliged leasehold owners to pay into a reserve fund created for the specific intention of building a fund for major works.