My solicitor has discovered a a legal deficiency with the lease for the apartment we are buying in Montgomery. The seller’s lawyers have suggested title insurance as a solution. We are happy with insurance and will cover the costs. Our property lawyer has advised that he must check that the lender is content with this solution. Who is the client here, us or the mortgage company ?

Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the bank are the client. These conveyancing instructions must be adhered to.

We previously instructed solicitors locally in Montgomery on the HSBC solicitor approved list. They are now charging me a supplemental fee for the legal aspects of the HSBC mortgage. Is this an additional conveyancing fee specified by HSBC?

Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer is entitled to levy a fee for this. This charge is not dictated by HSBC but by your Montgomery conveyancer. Numerous firms on the HSBC panel will quote ’dealing with mortgage’ fee and others do not.

We are getting a further advance on our mortgage from Aldermore as we wish to carry out a loft conversion to our property in Montgomery. Do we need to choose a local Montgomery solicitor on the Aldermore conveyancing panel to deal with the legals?

Aldermore would not normally require firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Aldermore panel.

It is unclear whether my lender requires a lease extension. I have called into my local Montgomery building society branch on numerous occasions and was advised it wasn't an issue and they will lend. My Montgomery conveyancing solicitor - who is on the lender conveyancing panel- called and was told they refuse to lend in accordance with their specific requirements. Who do I believe?

The solicitor has to comply with the Council of Mortgage Lenders’ Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.

My husband and I are FTB’s - had an offer accepted, yet the selling agent advised that the vendor will only move forward if we appoint the agent's chosen conveyancers as they are insisting on an ‘expedited deal’. We would rather use a local solicitor who is accustomed to conveyancing in Montgomery

We suspect that the seller is not behind this request. Should the seller require ‘a quick sale', taking such a hostile approach to a genuine buyer is likely to cause more damage than good. Try to communicate with the vendors directly and make the point that (a)you are serious buyers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)but you will continue to appoint your preferred Montgomery conveyancing firm - not the ones that will give their negotiator at the agency a kickback or meet his conveyancing figures set by head office.

My wife and I purchased a leasehold house in Montgomery. Conveyancing and Platform Home Loans Ltd mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Montgomery who previously acted has long since retired. What should I do?

The first thing you should do is contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Montgomery conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Montgomery Leasehold Conveyancing - A selection of Queries before Purchasing

Does the lease have onerous restrictions? You should be aware if it is fewer than 80 years it will affect the salability of the flat. It is worth checking with your lender that they are willing to to proceed given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you would need to own the residence for 24 months before you are eligible to extend the lease.

Can I find out who owns a property in Montgomery?

Provided the property is recorded at the Land Registry, and you have enough details of the address of the premises, you should be able to obtain details from the HM Land Registry of the registered proprietor for a a minimal charge.