Our lawyer has discovered a a legal deficiency with the lease for the apartment we are buying in Spalding. The other side have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our solicitor has advised that he must check that the mortgage company is content 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 conveyancer 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 property and the solicitor has referenced Chancel Repair for which the house could be liable given it’s proximity to the area of such a church. He has recommended insurance. Is this strictly necessary for conveyancing in Spalding

Unless a previous purchase of the house completed post 12 October 2013 you may assume that lawyers carrying out conveyancing in Spalding to remain recommending a chancel search and or chancel repair liability policy.

About to purchase a new build flat in Spalding. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Spalding

There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please supply a car parking plan. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a quick, chain free conveyancing. Spalding is the location of the property. Can you offer any guidance?

Flying freeholds in Spalding 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 Spalding you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Spalding 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 residence.

I am hoping to complete next month on a basement flat in Spalding. Conveyancing lawyers inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Spalding should include some of the following:

You should be informed what constitutes a Nuisance in the lease The length of the lease term. You should receive guidance as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years Defining your rights in relation to the communal areas in the building.E.G., does the lease contain a right of way over a path or staircase? You should have a good understanding of the insurance provisions Whether your lease has a provision for a slush fund for major works?

Spalding Leasehold Conveyancing - Sample of Queries before buying

Best to be warned whether a new roof is being installed or some other major work is pending to be shared by the leasehold owners and could well materially increase the the maintenance costs or require a one time payment. How much is the ground rent and service charge? Make sure you discover if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Spalding. If you like the apartmentin Spalding however your dog can’t move with you then you will be presented with a difficult decision.