I am progressing with the sale of my flat in Esher and Claygate and the EA has just telephoned to say that the purchasers are changing their solicitor. The reason given is that the lender will only deal with property lawyers on their approved list. Why would a leading mortgage company only engage with certain solicitors rather the firm that they want to choose to handle their conveyancing in Esher and Claygate ?

Banks have always had an approved set of law firms they are content to work with, but in recent years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.

Mortgage companies point to the increase in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any sway in the decision.

Do the conveyancing lawyers Indexed on your site conduct auction conveyancing in Esher and Claygate?

We know of a number of niche lawyers we can put you in touch with those conducting auction conveyancing. Esher and Claygate is just one of our locations in which our lawyers cover.

I own a freehold premises in Esher and Claygate yet invoiced for rent, why is this and what is this?

It’s unusual for properties in Esher and Claygate and has limited impact for conveyancing in Esher and Claygate but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.

Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.

I am mortgaging my home in Esher and Claygate, does my lawyer have to be on the Santander Solicitor panel?

There is nothing to stop you using your solicitor, but Santander will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.

I am buying a new build apartment in Esher and Claygate. 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.

Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Esher and Claygate

The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please supply a car parking plan.