My lawyer has discovered a a problem with the lease for the flat we are buying in Cumberland. The other side have put forward defective title insurance as a solution. We are happy with insurance and will cover the costs. Our says that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the lender?

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 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 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 will have no choice but to discontinue acting for you.

How does conveyancing in Cumberland differ for newly converted properties?

Most buyers of new build or newly converted property in Cumberland contact us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because house builders in Cumberland usually buy 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 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 Cumberland or who has acted in the same development.

Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a simple, chain free conveyancing. Cumberland is the location of the property. Is there any advice you can impart?

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

Cumberland Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

Generally speaking the outlay for major works are not included within service charges, albeit that some managing agents in Cumberland obliged leasehold owners to contribute towards a sinking fund created for the specific purpose of establishing a fund for larger works. Plenty Cumberland leasehold apartments will incur a service charge for maintenance of the building invoiced by the management company. Should you purchase the apartment you will have to pay this liability, normally periodically accross the year. This may vary from two or three 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 exorbitant figure, say approximately £25-£75 but you should to enquire it because sometimes it can be many hundreds of pounds. The answer will be important as a) areas could cause problems in the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to have all the details

There are numerous houses in Cumberland on private lanes. We are buying one such house. What are the pros and cons of purchasing a residence on a private road?

Cumberland conveyancing lawyers are well versed in dealing propertieson private. The will investigate title to find any rights or liabilities. It is possible that there is a management company (wholly owned by residents) that proprietors make annual contributions for the upkeep of the road. If there is one, the road should be maintained and look better than council maintained.