My solicitor has discovered a defect with the lease for the apartment we are purchasing in Bilston. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer has advised that he must be satisfied that the lender is happy with this solution. Are we the client or is the mortgage company ?

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

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Bilston is where the house is located. What do you suggest?

Flying freeholds in Bilston are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bilston you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bilston 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 property.

Taking into account that I will soon spend £400,000 on a house in Bilston I wish to talk to a conveyancer regarding thehouse move in advance of instructing the firm. Is this something that you can arrange?

This is something that we recommend - it is our preference to talk to you we do not take any clients on without you first talking to the lawyer who will be carrying out your property ownership legalities in Bilston.There is no ‘factory style conveyancing’ - every client is unique person, not a case reference. The practices that we put you in touch with believe that the figure you are quoted for your conveyancing in Bilston should be the amount on the final invoice that you are charged.

I need to find a conveyancing solicitor for residential conveyancing in Bilston. I happened to stumble across a web site which looks to be the ideal solution If there is a chance to get all formalities done via phone that would be preferable. Should I be wary? What should out be looking out for?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

I am a negotiator for a busy estate agency in Bilston where we see a few flat sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local Bilston conveyancing solicitors. Could you confirm whether the owner of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Bilston Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

Is anyone aware of any major works on the horizon that will likely add a premium to the service charges? You should be aware that where the lease has fewer than 80 years it will affect the value of the apartment. It is worth checking with your bank that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely require a lease extension at some point and it is worth discovering how much this would cost. Remember, in most cases you would be be obliged to have been the owner of the residence for two years in order to be legally able to exercise a lease extension. For many Bilston leaseholds the outlay for major works tend not to be included within maintenance charges, albeit that some managing agents in Bilston obliged leaseholders to pay into a sinking fund created for the specific purpose of establishing a fund for larger works.