It is 10 years ago since I bought my property in Cornwall. Conveyancing lawyers have now been instructed on the sale but I can't track down the deeds. Is this a problem?

Don’t worry too much. Firstly there is a chance that the deeds will be kept by your lender or they could be in the possession of the solicitor who oversaw your purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in Cornwall involves registered property but in the unlikely event that your home is not registered it is more tricky but is resolvable.

I decided to have a survey completed on a property in Cornwall before appointing conveyancers. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some mortgage companies tend refuse to grant a mortgage on such a premises.

It depends who your proposed lender is. Lloyds has different requirements for example to Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Cornwall. Conveyancing will be smoother if you use a solicitor in Cornwall especially if they are familiar with such properties in Cornwall.

In what way can the Landlord & Tenant Act 1954 impact my commercial property in Cornwall and how can you help?

The particular law that you refer to provides protection to business leaseholders, giving them the right to apply to court for a new tenancy and remain in occupation at the end of an expired lease. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Cornwall is one of our hundreds of areas of the UK in which the firms we work with are based

I own a leasehold flat in Cornwall. Conveyancing and Clydesdale mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Cornwall who acted for me is not around. Any advice?

First contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Cornwall conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Leasehold Conveyancing in Cornwall - A selection of Queries Prior to buying

The answer will be useful as a) areas can result in problems in the building as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have a dispute with the managing agents you will want to have complete disclosure Generally speaking the cost for major works tend not to be built into the maintenance charges, although there some managing agents in Cornwall ask tenants to contribute towards a sinking fund and this is used to offset against major works. How many of the leaseholders are in arrears for their service charge payments?

Our solicitor in Cornwall has identified a a legal deficiency with the lease for the property we are purchasing in Cornwall. The seller’s lawyers have put forward title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor says that as he is on the lender conveyancing panel he must be satisfied that the lender is happy 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. A precondition to being on the bank 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 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 lawyer will have no choice but to discontinue acting for you.