Our solicitor has uncovered a defect with the lease for the flat we are buying in Brandesburton. The seller’s lawyers have offered title insurance as a solution. We are content with insurance and will pay for it. Our solicitor says that he must be satisfied that the lender is happy with this solution. Are we the client or is the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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.

I am planning to move house in December. Does my conveyancing solicitor communicate with the removal company on the day of completion. As an aside, can you put forward a removal company in Brandesburton. Conveyancing solicitor was found before I stumbled across your website.

On the day of completion you can collect the house keys from your selling agent however this should only take place after the previous owners solicitors confirm to the agent that they acknowledge receipt of the completion payment and the keys can be handed over. Subsequently you can tell the removal company that they can start moving you in. As a matter of policy we do not recommend a particular removal organisation but can help you find a residential property solicitor in Brandesburton or a lawyer that specialises in conveyancing in Brandesburton.

I am selling my flat. I had a double glazing fitted in August 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Lloyds are being difficult. The Brandesburton solicitor who is on the Lloyds conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Lloyds are insisting on a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?

It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Having read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Brandesburton solicitor - who is on the Leeds Building Society conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?

Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Brandesburton postcode. As you are getting a mortgage with Leeds Building Society, you could contact them to see if they have a list of approved surveyors in Brandesburton.

Should my solicitor be raising questions about flooding during the conveyancing in Brandesburton.

Flooding is a growing risk for solicitors carrying out conveyancing in Brandesburton. Some people will purchase a house in Brandesburton, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not best placed to offer advice on flood risk, however there are a numerous checks that may be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Brandesburton. The standard completed inquiry forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the vendor to discover whether the premises has ever been flooded. If flooding has previously occurred and is not notified by the vendor, then a purchaser may commence a legal claim for losses as a result of such an incorrect reply. The purchaser’s conveyancers should also conduct an environmental search. This will indicate if there is a recorded flood risk. If so, further investigations should be initiated.

I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Brandesburton is where the house is located. What do you suggest?

Flying freeholds in Brandesburton are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brandesburton you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brandesburton 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 premises.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have just been informed that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Brandesburton. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Brandesburton ?

The majority of houses in Brandesburton are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Brandesburton so you should seriously consider shopping around for a Brandesburton conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will advise you fully on all the issues.

Brandesburton Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

It is important to be aware whether window replacement or some other major work is anticipated that will be shared by the leaseholders and will dramatically increase the the maintenance costs or necessitate a specific invoice. How many of the leaseholders are in arrears for their maintenance charge payments? Does the lease have in excess of 80 years remaining?