We are about to sign contracts for a property in Totnes. We encountered a problem. The mortgage offer with Bank of Scotland runs out on 9/2/2026 but the sellers are suggesting a completion date of 11/2/2026. Is it possible to prolong the mortgage offer?

The person best placed to address this concern is your solicitors who will determine if he or she is better off negotiating with the mortgage company, seller’s solicitors, property agents or conceivably all three taking into account what has happend in your transaction to date.

It is a dozen years since I purchased my house in Totnes. Conveyancing lawyers have recently been appointed on the sale but I am unable to find my title deeds. Will this jeopardise the sale?

Don’t worry too much. Firstly there is a possibility that the deeds will be kept by the lender or they may be in the possession of the lawyers who handled the purchase. Secondly the chances are that the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. Almost all conveyancing in Totnes involves registered property but in the unlikely event that your home is not registered it is more of a problem but is resolvable.

My wife and I own a renovated Georgian property in Totnes. Conveyancing practitioner acted for me and Yorkshire Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold with the matching property. Is it worth asking Yorkshire Building Society to clarify?

You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Totnes and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with the conveyancing lawyer who conducted the purchase.

Due to the advice of my in-laws I had a survey completed on a house in Totnes in advance of appointing conveyancers. I have been told that there is a flying freehold element to the property. The surveyor advised that some lenders will not grant a loan on a flying freehold property.

It varies from the lender to lender. Lloyds has different requirements for example to Birmingham Midshires. If you contact us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Totnes. Conveyancing will be smoother if you use a solicitor in Totnes especially if they regularly deal with such properties in Totnes.

Are there common deficiencies that you witness in leases for Totnes properties?

Leasehold conveyancing in Totnes is not unique. Most leases are individual and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:

A provision to repair to or maintain elements of the premises

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, The Mortgage Works, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to pull out.

Totnes Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Is anyone aware of any major works in the planning that will increase the maintenance charges? It would be a good idea to enquire if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Totnes. If you love the apartmentin Totnes however your cat can’t live with you then you have a very hard determination. How is the lease structured?