Our lawyer has discovered a a legal deficiency with the lease for the property we are buying in Abercarn. The other side have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our solicitor says that he must check that the bank 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 potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements. 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 conveyancer will have no choice but to discontinue acting for you.

Will our solicitor be asking questions concerning flooding during the conveyancing in Abercarn.

The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Abercarn. There are those who acquire a property in Abercarn, fully expectant that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to give advice on flood risk, however there are a number of searches that may be carried out by the purchaser or on a buyer’s behalf which will give them a better understanding of the risks in Abercarn. The conventional set of information supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to discover whether the premises has suffered from flooding. In the event that the residence has been flooded in past which is not disclosed by the vendor, then a buyer may issue a claim for damages stemming from an inaccurate response. A buyer’s conveyancers will also commission an environmental search. This should indicate whether there is a recorded flood risk. If so, further investigations should be conducted.

Due to the guidance of my in-laws I had a survey completed on a house in Abercarn ahead of instructing solicitors. I have been advised that there is a flying freehold element to the property. The surveyor has said that some banks may refuse to grant a loan on such a premises.

It varies from the lender to lender. Bank of Scotland has different instructions for example to Halifax. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Abercarn. Conveyancing will be smoother if you use a solicitor in Abercarn especially if they are familiar with such properties in Abercarn.

How difficult is it to transfer to a new firm as I need to instruct one who is on the Coventry Building Society conveyancing panel. I was using a family conveyancing solicitor in Abercarn round the corner but he is not approved by Coventry Building Society

It would be our pleasure to assist you find a conveyancing solicitor in Abercarn on the Coventry Building Society panel. Please note that the law firms that we list do not pay us fee if you instruct them and are under regulation of the SRA who regulate all conveyancing solicitors in Abercarn. In utilising search facility on this page, you can compare and instruct different solicitors and conveyancers both nationally and in Abercarn.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Abercarn. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Abercarn ?

Most houses in Abercarn are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can assist with the conveyancing process. We note that you are purchasing in Abercarn in which case you should be shopping around for a Abercarn conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer should report to you on the legal implications.

Abercarn Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

How long is the Lease? Is there a share of the freehold? The answer will be important as a) areas can cause problems for the block as the communal areas may begin to deteriorate where maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to have all the details