Our solicitor has discovered a a problem with the lease for the flat we are purchasing in Wilton. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must be satisfied that the bank is content with this solution. Who is the client here, us or the lender?

Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. The appropriate lender specifications have to be complied with.

Do I have to attend the offices of the solicitor to execute the legal charge? If so, I will choose one who does conveyancing in Wilton so that I can attend their offices when needed.

As opposed to 15 years ago, most mortgage companies no longer oblige their conveyancing panel solicitor to witness the mortgagors signature. You will still be obliged to hand over ID documents and there are still distinct advantages to using a local ayer, in your situation a conveyancing solicitor in Wilton.

My lawyer has informed me that lack of planning permission insurance is needed on my purchase. What is the level of cover for Wilton conveyancing?

The appropriate level of lack of planning permission indemnity insurance depends on who your lender is. It would differ for example between HSBC Bank and Barnsley Building Society. Conveyancing solicitors as opposed to borrowers take out such insurances.

is it true that all Wilton solicitor practices on the Aldermore conveyancing panel are regulated by the SRA?

As a firm of solicitors, in order to be on the Aldermore conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Many banks do permit licenced conveyancers on their panel and in such a situation the organisation would be overseen by the Council of Licensed Conveyancers.

I recently had an offer accepted on a house in Wilton. My mortgage broker suggested a lawyer. I paid an upfront payment of £150. Soon after, the conveyancer contacted me to say that they were not on the HSBC conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the HSBC panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

I used Arc property Solicitors a few years past for my conveyancing in Wilton. I now require my papers however the law firm is no longer operating. What do I do?

You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Wilton of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

I today plan to offer on a house that seems to be perfect, at a great figure which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Wilton. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Wilton ?

Most houses in Wilton are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can help the conveyancing process. it is apparent that you are buying in Wilton in which case you should be looking for a Wilton conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

Leasehold Conveyancing in Wilton - Sample of Queries before Purchasing

Best to be warned whether a new roof is being put on or some other significant cost is due shortly to be shared between the tenants and will dramatically increase the the service charges or result in a one time payment. Are any of leasehold owners in dispute over their service charge payments? It would be wise to discover if the the lease contains any unreasonable restrictions in the lease. For example plenty of leases prohibit pets being allowed in in a block in Wilton. If you love the flatin Wilton however your dog can’t move with you then you will be presented with a hard decision.