My solicitor has discovered a a legal deficiency with the lease for the flat we are buying in Windlesham. The seller’s lawyers have put forward title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer says that he must ensure that the bank is willing to move forward with this solution. Who is the client here, us or the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.

I own a freehold premises in Windlesham but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Windlesham and has limited impact for conveyancing in Windlesham 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 generation of fresh rentcharges from 1977 onwards.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

There are numerous conveyancing solicitors in Windlesham but how do I know who's good?

We would encourage you not to base your choice on the cheapest Windlesham conveyancing fees. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

My wife and I buying a detached bungalow in Windlesham. We would like to carry out a loft conversion at the house.Will legal investigations on the property include checks to ascertain if these alterations are permitted?

Your property lawyer will review the deeds as conveyancing in Windlesham can on occasion reveal restrictions in the title documents which prevent certain works or necessitated the permission of a 3rd party. Many additions require local authority planning permissions and approval in compliance with building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these issues with a surveyor before you commit yourself to a purchase.

Is it the case that all Windlesham CQS (Conveyancing Quality Scheme) solicitors are on the Barclays conveyancing panel?

It is true that some banks and building societies now make use of CQS as the starting point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.

I acquired my house on 11 June and my personal details is not yet registered. Should I be concerned? My conveyancing solicitor in Windlesham expressed confidence that it will be dealt with in less than a month. Are titles in Windlesham particularly slow to register?

As far as conveyancing in Windlesham registration is no quicker or slower than anywhere else in the country. Rather than based on location, timescales can adjust depending on who lodges the application, whether it is in order and whether the Land registry have to notify any third persons or bodies. Currently in the region of three quarters of submission are fully addressed within 12 days but some can be subject to longer delays. Registration takes place once the purchaser has moved in to the property thus an expedited registration is not usually primary concern but if there is a degree of urgency associated with the registration then you or your conveyancer could speak with the land registry and explain the circumstances.

I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a straight forward, no chain conveyancing. Windlesham is where the house is located. Is there any advice you can give?

Flying freeholds in Windlesham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Windlesham you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Windlesham 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.