Our lawyer has identified a a problem with the lease for the property we are purchasing in Basildon. The other side have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer says that he must be satisfied that the bank is happy with this solution. Who is the client here, us or the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company 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 lawyer will have no choice but to discontinue acting for you.

My relative recommended that where I am purchasing in Basildon I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?

This is a search is occasionally quoted for as part of the standard Basildon conveyancing searches. It is a large report of more than thirty pages, listing and detailing important information about Basildon around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Basildon Education with plans and statistics, Local Amenities and other useful information regarding Basildon.

I used Arc property Solicitors several years ago for my conveyancing in Basildon. Now, I need the documents but the law firm is no longer operating. What do I do?

You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Basildon of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

I've recently found out that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a simple, chain free conveyancing. Basildon is the location of the property. What do you suggest?

Flying freeholds in Basildon are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Basildon you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Basildon 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 residence.

I am due to assess quotes for conveyancing in Basildon from various solicitor and appoint one. Am I right to instruct them to sit tight until I have found somewhere to acquire.

You should only request your conveyancer to open a file and apply for searches after the sales memorandum has been issued by the selling agent particularly as Basildon conveyancing searches are a couple of hundred pounds.