My solicitor has discovered a a problem with the lease for the apartment we are buying in Messingham. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor has advised that he must ensure that the mortgage company is content with this solution. Who is the client here, us or the mortgage company ?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. 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 conveyancer will have no choice but to discontinue acting for you.

I am the registered owner of a freehold house in Messingham but still invoiced for rent, why is this and what is this?

It is rare for properties in Messingham and has limited impact for conveyancing in Messingham but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.

How does conveyancing in Messingham differ for new build properties?

Most buyers of new build or newly converted property in Messingham approach us having been asked by the seller to exchange contracts and commit to the purchase even before the property is constructed. This is because developers in Messingham tend to buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Messingham or who has acted in the same development.

My partner has suggested that I use his conveyancers in Messingham. Should I choose my own conveyancer?

Much as we are happy to recommend a Messingham conveyancing lawyer it’s preferable to choose a conveyancing solicitor is to seek referrals from friends or family who have previously instructed the firm that you are are thinking of instructing.

Why can't I complete our conveyancing in Messingham on a public holiday?

Because on completion the money will be transferred electronically between the banks of the purchaser and seller's lawyer and currently this can only take place on a working day. It is not possible to complete on a saturday or sunday either.