I am nearing exchange of contracts for my apartment in Folkestone and the EA has just e-mailed to say that the buyers are appointing a new property lawyer. The excuse is that the mortgage company will only work with solicitors on their approved list. On what basis would a big named lender only work with certain lawyers rather the firm that they want to select for their conveyancing in Folkestone ?

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

Banks point to the increase in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to monitor. 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. 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. Your purchasers are not going to have any impact on this.

Can you help? My Folkestone lawyer is informing me me that he has toconduct Folkestone conveyancing searches resulting from the fact thatthe firm are on the Santanderconveyancing panel. These Folkestone searches cost a lot of money can this be avoided?

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

I am considering refinancing my house in Folkestone, does my lawyer need to be on the Solicitor panel?

In theory, you could use a solicitor that is not on the conveyancing panel, but would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.

I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Folkestone is where the house is located. Can you offer any assistance?

Flying freeholds in Folkestone are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Folkestone you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Folkestone 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.

Leasehold Conveyancing in Folkestone - Sample of Queries before buying

Does the lease include onerous restrictions? Best to be warned if a new roof is being put on or some other significant cost is due shortly to be shared by the leaseholders and will materially impact the level of the service charges or require a one off invoice. In the main the cost for major works are not included within maintenance charges, although a few managing agents in Folkestone ask tenants to pay into a sinking fund and this is used to offset against larger repairs or maintenance.