Our solicitor has uncovered a a problem with the lease for the property we are purchasing in Highcliffe. The other side have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the bank?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank 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.

In what way does my ID and proof of funds have anything to do with my conveyancing in Highcliffe? What am I being asked for?

In order to comply with Money Laundering Regulations any Highcliffe conveyancing firm will require proof of identity in all conveyancing matters. This is normally dealt with by provision of a passport and an original bank statement or utility bill showing your correct address.

In accordance with Money Laundering Regulations, conveyancing solicitors are duty bound to ascertain not only the identity of conveyancing clients but also the source of fund that they receive in respect of any matter. An unwillingness to disclose this will lead to your conveyancer terminating their relationship with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.

Your conveyancers will have an obligation to make a disclosure to the relevant authorities should they consider that any monies received by them may contravene the Anti-terror and anti-money-laundering rules.

We are selling our flat in Highcliffe. Does my solicitor need to be on the TSB conveyancing panel in order to deal with repayment of my mortgage?

Ordinarily, even if your lawyer is not on the TSB conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.

Having had my offer accepted I require leasehold conveyancing in Highcliffe. Before diving in I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Highcliffe - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Highcliffe Leasehold Conveyancing - A selection of Queries before Purchasing

What is the name of the managing agents? Make sure you enquire if there are any onerous prohibitions in the lease. For instance it is very common in Highcliffe leases that pets are not permitted in in a block in Highcliffe. If you like the apartmentin Highcliffe yet your cat is not allowed to move with you then you will be faced hard compromise. How many of the leaseholders are in arrears for their service charge payments?

There are plenty of properties in Highcliffe on private roads. We are purchasing one such property. What would be the advantages and disadvantages of purchasing a residence on a privately owned road?

Highcliffe conveyancing firms will be well versed in transacting houseson private. The conveyancer will review the title to find any rights or liabilities. In many cases there is a management company (wholly owned by residents) that proprietors make annual payments for the upkeep of the road. If there is one, the road should be maintained and appear better than council maintained.