My nephew is purchasing a house that has just been built in Cleator with a home loan from HSBC. His conveyancer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?

The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the HSBC conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the HSBC conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

My grandfather passed away six months ago and as sole heir and executor I was left the property in Cleator. The house had a small mortgage left on it of around £5k. I want to have the title changed into my name whilst I re-mortgage to UBS, pay off the mortgage. Is this possible?

Where you intend to re-mortgage then UBS will require that you use a conveyancer on the UBS 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 UBS 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 UBS mortgage is registered as a charge at the Land Registry.

We are getting the release of further monies on our mortgage from Yorkshire BS as we want to conduct a loft conversion to our house in Cleator. Are we obliged to choose a bricks and mortar Cleator solicitor on the Yorkshire BS conveyancing panel to handle the paperwork?

Yorkshire BS don't usually instruct firms on their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS list.

We have agreed to purchase a house in Cleator. A rare aspect is that the roof has a solar panel. Santander have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that you are obtaining a mortgage with Santander your lawyer must follow the conveyancing instructions set out in Part two of UK Finance Lenders’ Handbook for Santander. The Council of Mortgage Lenders’ Handbook includes minimum requirements for solar panel roof-space leases, and solicitors are required to report to Santander where a lease does not meet these specifications. The provisions relate to the installation of panels on properties countrywide and is not isolated to Cleator.

I have today made my last payment due on my mortgage with Virgin Money. I assume I don't need a Cleator solicitor on the Virgin Money panel to remove the mortgage at the Land Registry. Am I right?

If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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 Virgin Money has sent the Land Registry the discharge electronically, and
3. Virgin Money has instructed the Land Registry to do so

My wife and I purchased a semi-detached Georgian property in Cleator. Conveyancing practitioner acted for me and The Mortgage Works. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold under the matching property. I'd like to know for sure, how can I find out??

You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Cleator and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with the conveyancing lawyer who carried out the work.

Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Cleator is where the house is located. What do you suggest?

Flying freeholds in Cleator are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cleator you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cleator may decide 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 premises.