Last September we completed a house move in Eccleston. We have noticed several problems with the property which we suspect were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been carried out as part of conveyancing in Eccleston?

It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Eccleston. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the process, a seller completes a form known as a SPIF. If the information turns out to be misleading, then you may have a claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Eccleston.

It is is a decade since I acquired my home in Eccleston. Conveyancing lawyers have now been appointed on the sale but I am unable to find my deeds. Will this jeopardise the sale?

You need not be too concerned. Firstly the deeds may be with the mortgage company or they may stored with the conveyancers who acted in the purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Nearly all conveyancing in Eccleston relates to registered property but in the rare situation where your home is not registered it adds to the complexity but is not insurmountable.

I have a decision in principle. The lender mentioned the loan came with free conveyancing. Is the implication that I have to use their panel conveyancer as I would much rather instruct a local conveyancing solicitor in Eccleston?

You should check but the the likelihood is that give you one of their panel solicitors where you take up the "fee-free" offer. Call the lender and ask if they allow a cash alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Eccleston.

Various online forums that I have come across warn that are the main reason for delay in Eccleston house deals. Is this right?

The Council of Property Search Organisations (CoPSO) published findings of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances during the legal transfer of property. Local searches are not likely to be the root cause of slowing down conveyancing in Eccleston.

I work for a long established estate agent office in Eccleston where we have witnessed a number of leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Eccleston conveyancing firms. Can you clarify whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with 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.

Leasehold Conveyancing in Eccleston - A selection of Queries before buying

You should want to find out as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to practical matters like the upkeep of the communal areas. Enquire of other tenants what they think of their service. On a final note, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. Are any of leasehold owners in dispute over their service charge payments? Be sure to enquire if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Eccleston. If you like the propertyin Eccleston however your cat is not allowed to make the move with you then you will be faced hard compromise.