I am in the process of selling my apartment in Canvey Island and the estate agent has just telephoned to say that the buyers are swapping conveyancer. The excuse is that the mortgage company will only engage with solicitors on their conveyancing panel. Why would a major lender only work with specific law firms rather the firm that they want to appoint to handle their conveyancing in Canvey Island ?

Lenders have always had panels of law firms that can act for them, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for many years.

Lenders point to the increase in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.

I have been told that property searches are the primary cause of obstruction in Canvey Island conveyancing transactions. Is this right?

The Council of Property Search Organisations (CoPSO) has noted the conclusions of a review by MoveWithUs that conveyancing searches do not figure within the top 10 causes of delays in the conveyancing process. Local searches are unlikely to be the root cause of slowing down conveyancing in Canvey Island.

How does conveyancing in Canvey Island differ for newly converted properties?

Most buyers of new build property in Canvey Island contact us having been asked by the seller to sign contracts and commit to the purchase even before the premises is constructed. This is because builders in Canvey Island tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Canvey Island or who has acted in the same development.

I need to retain a conveyancing solicitor for some conveyancing in Canvey Island. I've chance upon a site which seems to have the perfect solution If it is possible to get all the legals completed via email that would be ideal. Should I be wary? What are the potential pitfalls?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Canvey Island. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Canvey Island are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can help the conveyancing process. We note that you are buying in Canvey Island in which case you should be looking for a Canvey Island conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your solicitor will advise you fully on all the issues.

Canvey Island Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

What is the maintenance charge and ground rent on the flat? Are any of leasehold owners in dispute over their service charge payments? Can you tell me if there are any major works in the planning that will likely increase the service costs?