Our solicitor has uncovered a a legal deficiency with the lease for the apartment we are buying in Old Windsor. The seller’s lawyers have offered defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancer has advised that he must check that the lender is content with this solution. Who is the client here, us or the bank?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.

My aunt passed away last year and as sole heir and executor I was left the property in Old Windsor. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this possible?

If you intend to refinance then Yorkshire BS will require that you use a conveyancer on the Yorkshire BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Yorkshire BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Yorkshire BS mortgage is registered as a charge at the Land Registry.

Should our lawyer be asking questions regarding flooding during the conveyancing in Old Windsor.

Flooding is a growing risk for solicitors carrying out conveyancing in Old Windsor. Plenty of people will acquire a house in Old Windsor, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not qualified to impart advice on flood risk, but there are a number of searches that can be initiated by the buyer or by their lawyers which will figure out the risks in Old Windsor. The conventional set of completed inquiry forms given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to discover if the premises has suffered from flooding. If the property has been flooded in past and is not revealed by the seller, then a buyer could issue a legal claim for losses as a result of such an inaccurate answer. A purchaser’s conveyancers may also commission an enviro search. This should higlight whether there is a recorded flood risk. If so, further investigations should be conducted.

I am in need of some leasehold conveyancing in Old Windsor. Before diving in I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Old Windsor - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Leasehold Conveyancing in Old Windsor - Examples of Questions you should consider Prior to buying

Its a good idea to discover as much as possible concerning the managing agents as they can either make your living at the property much easier or a lot more difficult. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to practical issues like the upkeep of the common parts. Don't be shy to ask other people what they think of them. On a final note, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically how they are spending the funds. How many years remain on the lease?

My folks cant seem to find their Old Windsor property on the HM Land Registry online search facility. They recall that fifty years ago when they acquired the bungalow there were complications regarding the address not being recognised in some systems.

The vast majority of premises in Old Windsor should be revealed. Have you attempted a search to simply the postcode. Normally it will disclose all the properties inside that postcode. Assuming the property is recorded it will show up with a title number. If they bought back in the 70’s it's conceivable it may be unregistered. The address might still be revealed but with the title number shown 'na'. In this scenario you will need to track down the original title papers which might be with your parent’s lender.