My wife and I are intending to acquire a 3 bedroom flat in City of Darlington with a mortgage. We wish to retain our City of Darlington conveyancer, however the bank advise she’s not on their "panel". We have to appoint one of the mortgage company panel firms or retain our City of Darlington as well as pay for one of their panel lawyers to represent them. We regard this is inequitable; is there anything we can do?

Unfortunately,no. 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. Another option that might be available is for your City of Darlington conveyancing lawyer to apply to be on the conveyancing panel.

I purchased a freehold residence in City of Darlington but still invoiced for rent, why is this and what is this?

It’s unusual for properties in City of Darlington and has limited impact for conveyancing in City of Darlington 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 creation of new rentcharges post 1977.

Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.

My wife and I are downsizing from our house in City of Darlington and the buyers lawyers are claiming that there is a possibility that the property was constructed on contaminated land. Any high street City of Darlington conveyancer would know this is not the case. It does beg the question why the purchasers are using a web based conveyancing outfit as opposed to a conveyancing solicitor in City of Darlington. We have lived in City of Darlington for six years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain clarification need.

It would appear that you have a conveyancing firm currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)

I am buying a new build flat in City of Darlington. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in City of Darlington

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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. 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.

Due to the guidance of my in-laws I had a survey completed on a house in City of Darlington in advance of instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some banks tend refuse to grant a mortgage on a flying freehold home.

It depends who your proposed lender is. HSBC has different instructions for example to Halifax. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in City of Darlington. Conveyancing may be slightly more expensive based on your lender's requirements.