Me and my husband are buying residence in Carbis Bay. My lawyer is not listed on the bank conveyancing list. Can I still appoint my Carbis Bay conveyancing solicitor even though they are not on the bank list of approved lawyers?

You have a couple of options available to you here

• Carry on with your existing Carbis Bay lawyer but your bank will no doubt instruct a solicitor from their conveyancing panel. The net result is additional charges and potential delay.
• Get a fresh conveyancing practitioner to conduct the conveyancing, ensuring that they are on the mortgage company conveyancing panel.
• Convince your lawyer to do everything within their powers to get accepted on the lender’s panel of solicitors

Please help. My Carbis Bay lawyer is assuring me that he has toconduct Carbis Bay conveyancing searches stemming from the fact thatthe firm are on the Lloydsapproved lawyer panel. Is my solicitor correct?

Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your solicitor would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Carbis Bay conveyancing searches.

I am buying a detached bungalow in Carbis Bay. We would like to convert the garage to a playroom at the house.Will the conveyancing process include investigations to ascertain if these works are prohibited?

Your solicitor will review the registered title as conveyancing in Carbis Bay can occasionally identify restrictions in the title deeds which prevent certain changes or need the consent of a 3rd party. Many additions call for local authority planning permissions and approval in compliance with building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor prior to committing yourself to a purchase.

We had selected conveyancing lawyers located in Carbis Bay on the HSBC solicitor approved list. They are now charging me a further fee for the legal aspects of the HSBC mortgage. Is this an additional conveyancing fee specified by HSBC?

Unfortunately, as long as it is in their Terms and Conditions or estimate then yes your conveyancing practitioner is entitled to levy a fee for this. The fee is not set by HSBC but by your Carbis Bay lawyer. Plenty of firms on the HSBC panel will levy ’dealing with mortgage’ fee and others do not.

We have a mortgage agreed in principle with Barclays. Carbis Bay conveyancing lawyers have been selected. How long does it take for Barclays to forward the offer to the conveyancing practitioner?

Some lenders take longer than others. Have Barclays done the valuation? Have you advised Barclays as to your lawyers' details and checked that your lawyers are on the Barclays conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.

I am buying a new build flat in Carbis Bay. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Carbis Bay

Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

I opted to have a survey done on a house in Carbis Bay before instructing conveyancers. I have been advised that there is a flying freehold element to the property. My surveyor has said that some lenders may refuse to give a mortgage on such a property.

It varies from the lender to lender. Lloyds has different requirements for example to Halifax. If you e-mail us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Carbis Bay. Conveyancing may be slightly more expensive based on your lender's requirements.