We're in Ashton, First time buyers buying with a mortgage (lender is Virgin Money , and our solicitor is on the Virgin Money conveyancing panel). How long should the conveyancing process take?

The fact that your lawyer is on the Virgin Money conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.

We previously instructed conveyancing lawyers locally in Ashton on the TSB solicitor approved list. They have just invoiced me a further sum for dealing with the TSB mortgage. Is this a supplemental conveyancing fee set by TSB?

Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your conveyancing practitioner is entitled to levy a fee for this. The fee is not set by TSB but by your Ashton conveyancer. Plenty of firms on the TSB panel will quote ’dealing with mortgage’ fee but some practices include it on their overall fee.

After much negotiation I have agreed a price on a house in Ashton. My mortgage broker pressured me to appoint their property lawyer. I paid an advanced payment of £150. Shortly after, the solicitor called me embarrassingly acknowledging that they were not on the Aldermore 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 Aldermore 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 have instructed a Ashton solicitor having made sure that they are on the Leeds Building Society conveyancing panel. Does my lawyer arrange the survey of the property?

Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Ashton postcode. As you are getting a mortgage with Leeds Building Society, you could contact them to see if they have a list of approved surveyors in Ashton.

Have purchased a a terraced house in Ashton , how long will it take for the Land Registry to record the transfer to my name? My Ashton conveyancing solicitor works at snail pace, so I want to be certain that my name is registered.

As far as conveyancing in Ashton registration is no faster or slower than anywhere else in England and Wales. As opposed to being determined by geographic area, timescales can vary subject to who lodges the application, whether there are errors and if the Land registry must send notices to any third persons or bodies. Currently roughly 80% of submission are completed in less than three weeks but some can be subject to longer hold-ups. Historically registration is effected once the buyer is living at the property therefore post completion formalities is not always an essential issue but if it is urgent that the the registration takes place urgently then you or your lawyers could communicate with the Registry to express the reasoning for an expedited registration.

I opted to have a survey carried out on a house in Ashton before instructing solicitors. I have been told that there is a flying freehold element to the house. The surveyor advised that some lenders will refuse to give a loan on a flying freehold premises.

It varies from the lender to lender. Santander has different requirements from Nationwide. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Ashton. Conveyancing will be smoother if you use a solicitor in Ashton especially if they are accustomed to such properties in Ashton.

What advice can you give us when it comes to choosing a Ashton conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Ashton conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Ashton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. The following questions might be of use:

Can they put you in touch with clients in Ashton who can give a testimonial? How experienced is the practice with lease extension legislation?

Leasehold Conveyancing in Ashton - A selection of Questions you should consider Prior to Purchasing

Be sure to discover if there are any onerous restrictions in the lease. For example it is fairly common in Ashton leases that pets are not permitted in in a block in Ashton. If you love the flatin Ashton however your cat can’t live with you then you will be presented with a hard choice. Is anyone aware of any major works in the planning that will likely increase the maintenance fees? What restrictions are contained in the Ashton Lease?