Are there restrictive covenants that are commonly identified during conveyancing in Pembrokeshire?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Pembrokeshire. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I am buying a new build apartment in Pembrokeshire. 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 conveyancing.

Set out below is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Pembrokeshire

Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please confirm the Lease plans are architect prepared.

I've recently found out that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a quick, no chain conveyancing. Pembrokeshire is where the house is located. Can you offer any opinion?

Flying freeholds in Pembrokeshire 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 Pembrokeshire you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Pembrokeshire may decide 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 residence.

Am I right to be concerned by third parties that I am dealing with are suggesting a nationwide conveyancing firm rather than a local Pembrokeshire conveyancing practice?

As is the case with lots of professional services, often recommendations from relatives can be extremely useful or valuable. Nevertheless there are many parties with a keen interest in a conveyancing deal; estate agents, financial adviser and lenders might all suggest conveyancers to retain. On occasion the conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there may be a commercial relationship behind the recommendation. You are free to appoint your own conveyancer. Don't forget that the majority of banks specify a panel list of lawyers you are obliged to use for the mortgage aspect of your house move.

What are the frequently found defects that you come across in leases for Pembrokeshire properties?

There is nothing unique about leasehold conveyancing in Pembrokeshire. All leases are individual and drafting errors can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

Repairing obligations to or maintain elements of the premises

You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Leeds Building Society, and Clydesdale all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

I purchased a basement flat in Pembrokeshire, conveyancing was carried out 8 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Pembrokeshire with an extended lease are worth £181,000. The ground rent is £55 charged once a year. The lease ceases on 21st October 2076

With 50 years unexpired we estimate the price of your lease extension to range between £32,300 and £37,400 as well as plus your own and the landlord's "reasonable" professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed investigations. Do not use this information in tribunal or court proceedings. There may be other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.