It is is a decade since I purchased my property in Weymouth. Conveyancing lawyers have recently been appointed on the sale but I can't locate the title deeds. Will this jeopardise the sale?

Don’t worry too much. Firstly the deeds may be kept by your mortgage company or they may stored with the solicitor who handled your purchase. Secondly the likelihood is that the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Weymouth relates to registered property but in the rare situation where your home is unregistered it is more of a problem but is resolvable.

My bid for a property was accepted at auction in Weymouth. Conveyancing is necessary. What is next?

Having for all intents and purposes signed on the dotted line you now have to find a conveyancing lawyer quickly as you will have a pending deadline in which to complete the deal. An auction property should have an associated auction pack. This will likely include the copy title deeds, local authority and drainage searches. Where you are dealing with leasehold property the conveyancing papers should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to a leasehold property. You must give this to your appointed conveyancing solicitor at the earliest opportunity. You also need to ensure that you have funds in place to complete the transaction on the set completion date.

I am being told by my conveyancer that lack of right of way insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Weymouth?

The appropriate level of lack of right of way indemnity insurance depends on your lender. It would differ for example between National Westminster Bank and Barnsley Building Society. Conveyancing solicitors as opposed to borrowers take out such policies.

UBS have agreed my home loan in principle, my offer on a apartment in Weymouth has been accepted, now what?

The estate agent will wish to be informed of your lawyer's details (ensure that the lawyers are on the lender’s approved list). Contact UBS or your financial adviser and finish off any appropriate forms. UBS will instruct a valuer who will get in touch with the estate agent or vendor to schedule an appointment. Once carried out (assuming no problems) it takes approximately a fortnight to get a mortgage offer. UBS will send the offer to you and your property lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Weymouth.

How does conveyancing in Weymouth differ for new build properties?

Most buyers of new build residence in Weymouth come to us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is completed. This is because new home sellers in Weymouth typically acquire the site, 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 conveyancers 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 Weymouth or who has acted in the same development.

I have been on the look out for a leasehold apartment up to £195,000 and found one round the corner in Weymouth I like with a park and station in the vicinity, the downside is that it's only got 51 years on the lease. There is not much else in Weymouth in this price bracket, so just wondered if I would be making a mistake acquiring a lease with such few years left?

If you require a home loan the remaining unexpired lease term may be a potential deal breaker. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of 2 years you could ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.

I am a negotiator for a busy estate agent office in Weymouth where we have witnessed a few flat sales derailed due to short leases. I have been given inconsistent advice from local Weymouth conveyancing firms. Can you confirm whether the vendor of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Weymouth Leasehold Conveyancing - Sample of Queries before Purchasing

What is the yearly maintenance fee and ground rent? Most Weymouth leasehold apartments will be liable to pay a service charge for maintenance of the building invoiced on behalf of the landlord. Should you acquire the flat you will have to meet this liability, usually quarterly throughout the year. This could vary from several hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a rentcharge for you to pay annual, ordinarily this is not a large sum, say approximately £50-£100 but you need to check it because occasionally it can be prohibitively expensive.