The sellers of the property we are hoping to buy hired a conveyancing practitioner in Capel St Mary who has recommended a exclusivity contract with a non-refundable deposit of 5k. Is it wise to enter into such agreements?

This kind of preliminary agreement isn't frequently used in Capel St Mary, conveyancers will often direct clients away from them as they detract from the primary focus, namely conveyancing and if you end up losing your deposit then the solicitor is left exposed. Furthermore, there is no assurance that just because the owner has executed an exclusivity contract they will sell to you. They may be tempted to break the contract if they are offered sufficient financial inducement to do so because a wronged purchaser with the benefit of a exclusivity agreement will still have to show losses as a consequence of the breach and this may not equate the extra amount that your vendor may secure by reneging on the agreement, however morally shameful the behaviour is.

How up to date is your database of Capel St Mary solicitors on the TSB conveyancing panel? Do TSB send you an updated list?

Capel St Mary conveyancing firms themselves provide us confirmation that they are on the TSB conveyancing panel as opposed to being supplied with a list from TSB directly.

I purchased a 4 bedroom Victorian house in Capel St Mary. Conveyancing solicitor represented me and Virgin Money. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?

You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Capel St Mary 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 buyers. You can also question the position with your conveyancing lawyer who conducted the purchase.

I've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Capel St Mary. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Capel St Mary ?

The majority of houses in Capel St Mary are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can help the conveyancing process. We note that you are buying in Capel St Mary so you should seriously consider shopping around for a Capel St Mary conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

Leasehold Conveyancing in Capel St Mary - Sample of Questions you should consider Prior to buying

Who takes charge for maintaining and repairing the block? Make sure you find out if there is anything that is prohibited in the lease. For example it is very common in Capel St Mary leases that pets are not permitted in in a block in Capel St Mary. If you love the flatin Capel St Mary but your cat can’t move with you then you have a very difficult choice.

Do I cancel the direct debit for my mortgage with Kent Reliance as soon as a completion date for my sale in Capel St Mary has been agreed?

No, you should maintain paying any mortgage payments to Kent Reliance until the mortgage is paid off from the proceeds of sale as part of your Capel St Mary conveyancing.