My nephew is about to exchange on a house that has just been built in Sutton in Ashfield with a mortgage from Nationwide. His solicitor has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Nationwide conveyancing panel as a standard part of the process, and to the valuer when requested. 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 Nationwide conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

My wife and I have a semi-detached Georgian property in Sutton in Ashfield. Conveyancing practitioner acted for me and TSB. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold with the exact same property. I thought I was buying a freehold how can I check?

You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Sutton in Ashfield and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with your conveyancing solicitor who completed the work.

How does conveyancing in Sutton in Ashfield differ for newly converted properties?

Most buyers of new build property in Sutton in Ashfield contact us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is built. This is because builders in Sutton in Ashfield tend to purchase the real estate, 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 property lawyers 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 Sutton in Ashfield or who has acted in the same development.

I’m about to sell my ground floor flat in Sutton in Ashfield. Conveyancing lawyers have not yet been instructed, however I have recently had a yearly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge as normal as all ground rent and maintenance charges will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies 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.

Sutton in Ashfield Leasehold Conveyancing - Sample of Questions you should ask before buying

What is the length of the lease? It is important to be aware if window replacement or some other major work is due shortly that will be shared between the leasehold owners and will dramatically impact the level of the maintenance charges or require a specific payment.

Is planning consent needed to change a single dwelling into two appartments in Sutton in Ashfield? This has been carried out to a house opposite to my home in Sutton in Ashfield and was ignorant of the conversion until the works were finished.

Planning Permission yes. Building Regulations yes.