Me and my fiance are purchasing a 2 bedroom flat in Smithfield with a mortgage. We like our Smithfield lawyer, however the mortgage company says she’s not on their "panel". It seems we have little choice but to instruct one of the lender panel conveyancing practices or keep our Smithfield lawyer and pay for one of their panel firms to represent them. We regard this is inequitable; are we not able to demand that the mortgage company use our Smithfield solicitor ?

No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Smithfield conveyancing solicitor to apply to be on the conveyancing panel.

Will conveyancers request an advanced payment for conveyancing in Smithfield?

Where you are retaining lawyers for conveyancing in Smithfield your lawyer will ask you to provide them with funds to cover the search fees. Ordinarily this is called for to cover the fees of the Local Authority Search. When the deposit is payable against the purchase price then this should be required shortly in advance of exchange of contracts. Any further balance that is due should be transferred shortly before completion.

Are the BSA intent on creating a online directory to list solicitors on the Melton Mowbray Building Society conveyancing panel for example in Smithfield?

Lexsure has not been advised of any plans on the part of the BSA to develop such a search facility.

I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Smithfield is the location of the property. Can you shed any light on this issue?

Flying freeholds in Smithfield are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Smithfield you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Smithfield may determine 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.

I own a leasehold flat in Smithfield. Conveyancing and Nottingham Building Society mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Smithfield who acted for me is not around. Any advice?

First make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Smithfield conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I invested in buying a 1 bedroom flat in Smithfield, conveyancing was carried out 4 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in Smithfield with an extended lease are worth £181,000. The average or mid-range amount of ground rent is £55 per annum. The lease ends on 21st October 2076

With 50 years remaining on your lease the likely cost is going to be between £31,400 and £36,200 as well as costs.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to advice on the actual costs in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first getting professional advice.