I had intended to instruct a property lawyer in Earl Shilton for our house move. Our broker informed us that our mortgage lenders The Royal Bank of Scotland won't deal with them. Why is this not regarded as unfair competition?

A mortgage company can insist on an approved solicitor act for it. You would be liable to bear the cost of this. Do use our directory service to choose a solicitor to conduct conveyancing in Earl Shilton on the The Royal Bank of Scotland conveyancing panel.

I am buying a terrace house in Earl Shilton. We would like to carry out an extension to the side at the property.Will legal work on the property include investigations to determine if these works are allowed?

Your conveyancer will check the deeds as conveyancing in Earl Shilton can on occasion reveal restrictions in the title deeds which prevent certain works or need the permission of another owner. Many extensions need local authority planning consent and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these issues with a surveyor prior to committing yourself to a purchase.

When it comes to mortgage companies such as Clydesdale, do Earl Shilton conveyancing practitioners have to pay a fee to be on the list of approved solicitors?

We are not aware of any lender fees to be on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel application.

It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Earl Shilton bank branch on a couple of occasions and was told it does not affect the mortgage offer and they will lend. My Earl Shilton conveyancing solicitor - who is on the lender conveyancing panel- called to say that they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.

Provided that the conveyancing practitioner is on the lender approved list, they must comply with the Council of Mortgage Lenders’ Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.

About to purchase a new build flat in Earl Shilton. Conveyancing is daunting 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 legal work.

Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Earl Shilton

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 Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?

Last January I purchased a leasehold flat in Earl Shilton. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Earl Shilton Conveyancing for Leasehold Flats - A selection of Questions you should consider before Purchasing

Are any of leasehold owners in arrears of their service charge liability? Where a Earl Shilton lease has less than 80 years it will impact the marketability of the flat. It is worth checking with your lender that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease at some point and it is worth discovering how much this would cost. Remember, in most cases you would need to own the premises for two years before you are eligible to carry out a lease extension.

My parents cant seem to find their Earl Shilton property on the HM Land Registry online search facility. They have a vague memory back in the 70’s when they purchased the property there were complications with Earl Shilton not being recognised in some systems.

Almost all premises in Earl Shilton should be revealed. Have you tried a search to simply the postcode. Normally it should mention all the properties within the postcode. Assuming the property is registered it will be there with a title number. If they bought 50 years ago it's conceivable it may be unrecorded. The property might still be revealed but with the title number identified as 'na'. In this scenario you will need to locate the original title deeds which may be with your parent’s mortgage company.