Much to our surprise we have been notified by our broker that my Farnham property lawyer is not on the mortgage company Solicitor panel. What can I do to be sure whether this is correct?

Your first step should be to contact your Farnham lawyer directly. You lawyer should inform you of the situation. Where they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your mortgage company.

My aunt passed away six months ago and as sole heir and executor I was left the property in Farnham. The house had a relatively small loan left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this allowed?

Given you plan to re-mortgage then Aldermore will require that you use a conveyancer on the Aldermore conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Aldermore conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Aldermore mortgage is registered as a charge at the Land Registry.

I am buying a new build flat in Farnham. Conveyancing is daunting 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.

Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Farnham

There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are architect prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?

What tools are available to identify a Farnham solicitor on the National Westminster Bank conveyancing panel? I have a car and am prepared to travel upto 25kilometers to meet the solicitor.

You can use the search on this website. Please select a mortgage company and your location and you will see a number of Farnham conveyancing lawyers located nearest you. We have listed some Farnham conveyancing firms at the bottom of this page and you can telephone them to verify if they are on the National Westminster Bank panel

I work for a reputable estate agency in Farnham where we have experienced a few flat sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Farnham conveyancing firms. Can you clarify whether the owner of a flat can initiate the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Farnham Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

How is the lease structured? For most Farnham leaseholds the cost for major works are not included within service charges, albeit that a few managing agents in Farnham require leasehold owners to contribute towards a sinking fund created for the specific intention of establishing a fund for major works. It would be wise to discover as much as you can about the company managing the building as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to day to day matters like the upkeep of the common parts. Ask prospective neighbours if they are happy with them. In conclusion, investigate as to the dates that the maintenance charges are due to the managing agents and specifically what you get for your money.