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Recently asked questions about conveyancing in Low Fell

I own a renovated Georgian property in Low Fell. Conveyancing solicitor acted for me and TSB. I did a free Land Registry search last week and there are a couple of entries: the first freehold, the second leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?

You need to review 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 Low Fell 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 purchasers. You can also enquire as to the situation with the conveyancing lawyer who conducted the purchase.

How does conveyancing in Low Fell differ for newly converted properties?

Most buyers of new build premises in Low Fell approach us having been asked by the developer to sign contracts and commit to the purchase even before the house is ready to move into. This is because builders in Low Fell usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Low Fell or who has acted in the same development.

I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a simple, chain free conveyancing. Low Fell is where the house is located. Can you shed any light on this issue?

Flying freeholds in Low Fell are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Low Fell you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Low Fell may decide 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 residence.

I have been sourcing a conveyancing solicitor in Low Fell for my remortgage. Is it possible to review a firm’s complaints history with the profession’s regulator?

Anyone can find published Solicitor Regulator Association (SRA) decisions stemming from inquisitions commenced on or after 1 January 2008. Visit Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, dial +44 (0)121 329 6800. The regulator could monitor telephone calls for training purposes.

I happen to be an executor of my recently deceased parent's Will, with a property in Low Fell which will be sold. The property is unregistered at the Land Registry and I'm told that some estate agents will insist that it is done before they'll proceed. What's the procedure for this?

In the circumstances that you have set out it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.

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Find out more about how flying freehold can affect your the value of a property.