My brother and I have just bought a house in Handforth. We have since encountered a number of issues with the house which we suspect were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been carried out as part of conveyancing in Handforth?

The question is vague as to the nature of the problems and if they are relate to conveyancing in Handforth. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the process, a seller answers a document known as a Seller’s Property Information Form. If the information turns out to be incorrect, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Handforth.

I own a semi-detached Georgian property in Handforth. Conveyancing practitioner acted for me and Bank of Ireland. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold under the matching address. I'd like to know for sure, how can I find out??

You need to read the Freehold register you have again and check the Charges Register as there may be 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 Handforth 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 lenders. You can also enquire as to the situation with your conveyancing practitioner who conducted the conveyancing.

I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a straight forward, no chain conveyancing. Handforth is the location of the property. Is there any advice you can give?

Flying freeholds in Handforth are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Handforth you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Handforth may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

I am attracted to a couple of flats in Handforth which have approximately 50 years remaining on the lease term. Will this present a problem?

There are no two ways about it. A leasehold flat in Handforth is a wasting asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it reduces the marketability of the property. The majority of buyers and mortgage companies, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Handforth conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I purchased a 1 bedroom flat in Handforth, conveyancing formalities finalised half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable flats in Handforth with over 90 years remaining are worth £191,000. The ground rent is £55 levied per year. The lease expires on 21st October 2078

With 53 years remaining on your lease we estimate the premium for your lease extension to span between £27,600 and £31,800 as well as legals.

The figure above a general guide to costs for extending a lease, but we are not able to supply the actual costs without more comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first getting professional advice.

My wife and I have chosen a Handforth conveyancing solicitor for our home move (FTB’s) and have noticed in the engagement letter that they are not overseen by the FCA. Should I be concerned or is that the norm with lawyer?

We can't see why they should be. Most property lawyer don't lend money. They should be regulated by the SRA, who dictate stringent stipulations regulating monies deposited by them.