My conveyancer has discovered a defect with the lease for the apartment we are buying in Queenborough. The seller’s lawyers have put forward title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the bank?

Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the mortgage company are the client. These conveyancing instructions have to be complied with.

My wife and I are purchasing a apartment in Queenborough. I might seem paranoid but how we can trust a solicitor? At some point we will need to send funds into their account. What protection do we have from them run away with our money?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

Is it correct that all Queenborough CQS (Conveyancing Quality Scheme) solicitors are on the Lloyds conveyancing list of approved firms?

It is true that some banks and building societies now utilise the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of firms.

I have paid off my mortgage with Barclays. I assume I don't need a Queenborough conveyancer on the Barclays panel to discharge the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Barclays has sent the Land Registry the discharge electronically, and
3. Barclays has instructed the Land Registry to do so

Are there restrictive covenants that are commonly identified during conveyancing in Queenborough?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Queenborough. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Just had an offer accepted on a new build flat in Queenborough. Conveyancing is daunting 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 should expect your new-build leasehold conveyancing in Queenborough

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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. 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.

My uncle has encouraged me to use his conveyancing solicitors in Queenborough. Should I use them?

There are no two ways about it the best way to find a conveyancing lawyer is to get feedback from friends or relatives who have used the firm that you are considering.