Me and my brother purchased a terraced Edwardian property in Torfaen. Conveyancing solicitor represented me and Lloyds TSB Bank. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold under the matching property. I'd like to know for sure, how can I find out??

You need to read the Freehold register you have again and check the Charges Register as there may be 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 Torfaen and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing solicitor who conducted the purchase.

How does conveyancing in Torfaen differ for new build properties?

Most buyers of new build or newly converted property in Torfaen contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because new home sellers in Torfaen typically purchase the site, 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 used to new build conveyancing in Torfaen or who has acted in the same development.

I am looking for a ground for flat up to £195,000 and found one near me in Torfaen I like with open areas and railway links nearby, the downside is that it's only got 51 years on the lease. I can't really find anything else in Torfaen in this price bracket, so just wondered if I would be making a mistake buying a short lease?

Should you need a home loan that many years may be an issue. Discount the price by the amount the lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for a minimum of twenty four months you could ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor about this matter.

As co-executor for the estate of my aunt I am disposing of a house in Monmouth but I am based in Torfaen. My solicitor (approximately 260 kilometers from meneeds me to sign a stat dec before the transaction finalising. Can you recommend a conveyancing solicitor in Torfaen to witness and place their company stamp on the document?

strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are Torfaen based

I work for a long established estate agent office in Torfaen where we have witnessed a few flat sales put at risk due to short leases. I have received conflicting advice from local Torfaen conveyancing solicitors. Please can you confirm whether the vendor of a flat can start the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Torfaen Leasehold Conveyancing - A selection of Queries Prior to buying

It would be prudent to find out if the the lease includes any onerous restrictions in the lease. By way of example it is fairly common in Torfaen leases that pets are not permitted in in a block in Torfaen. If you love the propertyin Torfaen but your dog can’t make the move with you then you have a very hard decision. This information is important as a) areas can cause problems for the building as the common areas may start to deteriorate where repairs are not paid for b) if the tenants have a dispute with the running of the building you will want to have full disclosure What is the yearly maintenance fee and ground rent?