It is a dozen years since I purchased my home in Hessle. Conveyancing lawyers have just been instructed on the sale but I can't track down the deeds. Is this a problem?

Don’t worry too much. Firstly the deeds may be kept by the mortgage company or they may be in the possession of the lawyers who oversaw the purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in Hessle relates to registered property but in the unlikely event that your property is not registered it is more problematic but is resolvable.

My grandfather passed away last year and as sole heir and executor I was left the property in Hessle. The house had a relatively small loan left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this allowed?

Given you plan to refinance then Barclays will insist on your using a conveyancer on the Barclays conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Barclays conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Barclays mortgage is registered as a charge at the Land Registry.

I opted to have a survey completed on a house in Hessle in advance of instructing solicitors. I have been informed that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies tend not give a loan on such a home.

It depends who your proposed lender is. Santander has different requirements from Nationwide. Should you wish to telephone us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hessle. Conveyancing will be smoother if you use a solicitor in Hessle especially if they regularly deal with such properties in Hessle.

Are there frequently found deficiencies that you come across in leases for Hessle properties?

There is nothing unique about leasehold conveyancing in Hessle. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Skipton Building Society, and Platform Home Loans Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

Hessle Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

It would be a good idea to discover if there is anything that is prohibited in the lease. For instance some leases prohibit pets being permitted in certain buildings in Hessle. If you like the flatin Hessle yet your cat is not allowed to make the move with you then you have a very hard determination. If a Hessle lease has fewer than eighty years it will affect the salability of the flat. Check with your lender that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will need to own the residence for two years in order to be eligible to exercise a lease extension. Who manages the block?

Our solicitor in Hessle has uncovered a a problem with the lease for the flat we are buying in Hessle. The other side have offered title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer has advised that as he is on the mortgage company conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is the mortgage company?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will 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 lawyer will have no choice but to discontinue acting for you.