It has come to my attention via my mortgage adviser that my Aldershot the law firm I have appointed is not on the lender Conveyancing panel. How can I be sure whether this is correct?

The first thing you need to do is to call your Aldershot conveyancer. It is reasonable to expect your lawyer to inform you what has happened. If they are not on the panel they may be able to suggest a Aldershot conveyancing practice that is on the conveyancing panel for your bank.

I am intent on selling our house in Aldershot and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. A local conveyancer would know that there is no such problem. For the life of me I don't know why the buyers used an online conveyancing outfit rather than a conveyancing solicitor in Aldershot. Having lived in Aldershot for 4 years we know of no issue. Is it a good idea to get in touch with our local Authority to get clarification that the buyers are looking for.

It would appear that you have a conveyancing solicitor already. What do they say? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)

Are there restrictive covenants that are commonly identified as part of conveyancing in Aldershot?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Aldershot. 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…’

Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Aldershot is the location of the property. Can you shed any light on this issue?

Flying freeholds in Aldershot are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Aldershot you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Aldershot may ascertain 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 premises.

What are the frequently found defects that you encounter in leases for Aldershot properties?

There is nothing unique about leasehold conveyancing in Aldershot. All leases are drafted differently and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

Insurance obligations

You may 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. Birmingham Midshires, Coventry Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.

Aldershot Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

How many years are left on the lease? Is the freehold owned jointly by the tenants? Who are the managing agents?