My conveyancer has discovered a a problem with the lease for the apartment we are purchasing in St Ives. The seller’s lawyers have offered defective title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor has advised that he must ensure 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 potential for a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with 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 conveyancer will have no choice but to discontinue acting for you.

Our lender has recommended solicitors on their panel based in St Ives but I would rather instruct a conveyancing lawyer in St Ives local to me. Can you help?

It is by no means the case that all St Ives conveyancing solicitors are on all banks conveyancing panel. Use the above search tool to find a St Ives conveyancing firm on the on the mortgage company panel.

About to purchase a new build apartment in St Ives. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in St Ives

Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?

Over the last few months I have been searching for a ground for flat up to £305k and found one round the corner in St Ives I like with open areas and railway links in the vicinity, the downside is that it only has 52 remaining years left on the lease. There is not much else in St Ives in this price bracket, so just wondered if I would be making a grave error purchasing a lease with such few years left?

If you require a mortgage that many years may be an issue. Discount the price by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the property for at least twenty four months you may request that they start the process of the extension and pass it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this.

What does commercial conveyancing in St Ives cover?

St Ives conveyancing for business premises incorporates a broad range of services, provided by regulated solicitors, relating to business property. For instance, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of tenancies.