Our conveyancer has uncovered a a legal deficiency with the lease for the flat we are buying in Williton. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancer has advised that he must check that the lender is willing to move forward with this solution. Are we the client or is the bank?

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

It is 10 years ago since I acquired my home in Williton. Conveyancing lawyers have just been appointed on the sale but I am unable to locate my deeds. Is this a problem?

You need not be too concerned. Firstly there is a possibility that the deeds will be retained by the mortgage company or they may be archived with the solicitor who oversaw the purchase. Secondly in all probability the title will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in Williton involves registered property but in the rare situation where your property is unregistered it is more tricky but is resolvable.

I appreciate that there are debates on Chancel Insurance on online forums. Am I compelled to have this when acquiring a residence in Williton? or I am told that there is a law dating back centuries that means some homeowners living in a parish church boundary may be liable to pay for repairs to the chancel within the church. Is this applicable for conveyancing in Williton?

Unless a prior purchase of the house completed post 12 October 2013 you can expect lawyers conducting conveyancing in Williton to continue to recommend a chancel search and or insurance against a claim.

My wife and I have a 4 bedroom Edwardian property in Williton. Conveyancing solicitor represented me and Virgin Money. I did a free Land Registry search last week and I saw two entries: one for 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 Williton and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing lawyer who conducted the purchase.

Looking forward to sign contracts shortly on a leasehold property in Williton. Conveyancing lawyers have said that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Williton should include some of the following:

You should be sent a copy of the lease Advice concerning the obligations in the lease to pay service charges - in respect of the block, and the wider rights a lessee enjoys You should have a good understanding of the building insurance provisions Does the lease prohibit wood flooring? Does the lease prevent you from subletting the property, or having a home office for business

Leasehold Conveyancing in Williton - A selection of Questions you should ask Prior to buying

You should be aware that where the lease has no more than 80 years it will affect the marketability of the apartment. Check with your lender that they are happy with remaining years on the lease. A short lease means that you will almost definitely require a lease extension sooner rather than later and it is worth discovering what this will be. For most Willitonlease extensions you would be required to have owned the residence for two years before you are eligible to extend the lease. Does the lease have onerous restrictions? The majority of Williton leasehold flats will incur a service charge for maintenance of the block invoiced on behalf of the freeholder. If you acquire the apartment you will have to meet this amount, normally quarterly during the year. This can be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent to be met yearly, ordinarily this is not a significant amount, say around £25-£75 but you should to enquire it because on occasion it can be many hundreds of pounds.