My lawyer has discovered a a problem with the lease for the property we are purchasing in Fratton and Portsea. The other side have put forward title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancer says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the mortgage company ?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender 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 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 solicitor will have no choice but to discontinue acting for you.

We are purchasing a 1 bedroom apartment in Fratton and Portsea with a homeloan from Alliance & Leicester .We use our Fratton and Portsea conveyancing practitioner but Alliance & Leicester advised that she’s not on their approved list of member firms. It seems we are left with little choice but to instruct a Alliance & Leicester panel solicitor or keep our local solicitor and fork out for one of their panel ones to represent them. This seems very unfair; is there anything we can do?

Unfortunately,no. The mortgage offered to you contains terms and conditions, one of which will be that solicitors needs to be on the Alliance & Leicester approved list. Until recently, most lenders had large numbers of solicitors on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Alliance & Leicester

I just bought a flat at auction in Fratton and Portsea. Conveyancing is necessary. What are my next steps?

Now that you have to in every practical sense signed on the dotted line you should retain a conveyancing practitioner soon as you are faced with a tight deadline in which to complete the purchase. An auction property will have a bespoke auction set of papers. This should include evidence of title and search results. If you have purchased leasehold property the auction pack should provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation relating to a leasehold property. You should give this to the lawyer instructed by you ASAP. Do make sure that that you have the requisite funding in order to complete on the date specified in the contract.

We had appointed conveyancing lawyers located in Fratton and Portsea on the Bank of Ireland solicitor approved list. They have just billed me a separate fee for the legal aspects of the Bank of Ireland mortgage. Is this a supplemental conveyancing fee specified by Bank of Ireland?

Provided it is contained in their Terms of Engagement or estimate then yes your conveyancer is entitled to levy a fee for this. The fee is not set by Bank of Ireland but by your Fratton and Portsea property lawyer. Plenty of firms on the Bank of Ireland panel will charge an ‘acting for lender’ fee but plenty of firms incorporate it on their overall fee.

Intending to buy a house in Fratton and Portsea. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Virgin Money conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.

They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Fratton and Portsea conveyancer is on the Virgin Money conveyancing panel.

Are there restrictive covenants that are commonly picked up during conveyancing in Fratton and Portsea?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Fratton and Portsea. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

My wife and I purchased a leasehold house in Fratton and Portsea. Conveyancing and Nationwide Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Fratton and Portsea who previously acted has now retired. Do I pay?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Fratton and Portsea conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Leasehold Conveyancing in Fratton and Portsea - Examples of Questions you should consider Prior to Purchasing

Best to be warned whether window replacement or some other major work is anticipated to be shared between the tenants and may well dramatically increase the the service fees or require a specific payment. How is the lease structured? What is the name of the managing agents?