Our son-in-law is in the process of securing a new build apartment in Writtle with a home loan from Nationwide. His lawyer has said that there is a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The form is intended to provide information to the main parties engaged 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 surveyor 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.

Should lawyers request money on account for my conveyancing in Writtle?

Where you are retaining lawyers for conveyancing in Writtle your lawyer will request that you put them with funds to cover the search fees. This will be the total of the cost of the conveyancing searches. When the down payment is payable against the total price then this will be needed shortly ahead of contracts are exchanged. The final balance that is due will be payable shortly before completion.

I have been recommended a conveyancing solicitor in Writtle. I need to find out if they are accepted on the Birmingham Midshires approved list of lawyers. Can you advise?

You should call the solicitor and enquire if they are on the lender panel. Otherwise please call Birmingham Midshires who may be able to assist.

My wife and I have a renovated Edwardian property in Writtle. Conveyancing lawyer represented me and Aldermore. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?

You need to review 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 Writtle and other areas of 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 mortgage companies. You can also question the situation with your conveyancing lawyer who conducted the conveyancing.

The estate agent has sent us the confirmation of our purchase of a new build flat in Writtle. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Writtle

There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.