My son is in the process of securing a new build apartment in Elmswell with a mortgage from TSB. His lawyer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?

The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the TSB conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the TSB conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Despite weeks of looking the Title Certificate and documents to my home are lost. The solicitors who dealt with the conveyancing in Elmswell 4 years ago no longer exist. What are my options?

You no longer need to have the physical official documentation to prove you are the owner of your registered land or premises, given that the Land Registry hold details of all registered land or property electronically.

I decided to have a survey done on a property in Elmswell prior to appointing conveyancers. I have been advised that there is a flying freehold overhang to the house. Our surveyor has said that some lenders tend refuse to issue a mortgage on a flying freehold home.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. If you e-mail us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Elmswell. Conveyancing may be slightly more expensive based on your lender's requirements.

My step-father has encouraged me to use his conveyancing solicitors in Elmswell. Should I use them?

No doubt it’s preferable to find a conveyancing lawyer is to get recommendations from friends or relatives who have actually experience in using the firm that you are contemplating using.

I have just appointed agents to market my ground floor apartment in Elmswell. Conveyancing has not commenced, however I have recently had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you pay the maintenance contribution as normal given that all ground rent and service payments should be allotted on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Elmswell Leasehold Conveyancing - A selection of Queries before Purchasing

Best to be warned whether a new roof is being put on or some other significant cost is coming up that will be shared by the leasehold owners and will dramatically impact the level of the service charges or result in a specific invoice. This question is helpful as a) areas can cause problems for the building as the common areas may begin to deteriorate if maintenance are not paid for b) if the leaseholders have a dispute with the managing agents you will wish to know about it Make sure you investigate if the the lease contains any unreasonable restrictions in the lease. For example it is reasonably common in Elmswell leases that pets are not permitted in in a block in Elmswell. If you love the flatin Elmswell yet your cat is not allowed to make the move with you then you will be faced difficult choice.