I am buying residence in Umberleigh. My property lawyer is not listed on the lender approved panel. Am I still permitted to use my Umberleigh conveyancing solicitor notwithstanding that they are excluded from the bank approved list?

Your options include

• Carry on with your chosen Umberleigh conveyancing practitioner but your bank will need to instruct a property lawyer on their approved panel. The net result is additional cost and probable delay.
• Choose a new lawyer to conduct the conveyancing, ensuring that they are on the bank conveyancing panel.
• Convince your solicitor to attempt to join the mortgage company panel

I am the registered owner of a freehold residence in Umberleigh but still charged rent, why is this and what is this?

It is rare for properties in Umberleigh and has limited impact for conveyancing in Umberleigh 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 have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.

My grandfather passed away six months ago and as sole heir and executor I was left the house in Umberleigh. The house had a relatively small loan left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this possible?

If you intend to refinance then RBS will require that you use a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.

I am buying a new build house in Umberleigh with the aid of help to buy. The developers would not move on the price so I negotiated 6k of extras instead. The house builders rep told me not reveal to my lawyer about the side-deal as it could adversely affect my mortgage with the lender. Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Due to the advice of my in-laws I had a survey completed on a house in Umberleigh ahead of appointing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies will refuse to issue a mortgage on this type of home.

It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. Should you wish to call us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Umberleigh. Conveyancing may be slightly more expensive based on your lender's requirements.