Me and my fiance are buying a 3 bedroom flat in Cumbria with a mortgage. We like our Cumbria lawyer, but the bank says he's not on their "panel". We have to appoint one of the lender panel solicitors or retain our Cumbria conveyancing practitioner as well as pay for one of their panel firms to represent them. This feels very unfair; are we not able to require that the lender use our Cumbria conveyancing practitioner ?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Cumbria conveyancing solicitor to apply to be on the conveyancing panel.

It is is a decade since I bought my property in Cumbria. Conveyancing lawyers have just been retained on the sale but I am unable to locate my title deeds. Will this jeopardise the sale?

Don’t worry too much. Firstly there is a possibility that the deeds will be kept by the mortgage company or they may still be with the conveyancers who handled the purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring current official copies of the land registers. Nearly all conveyancing in Cumbria relates to registered property but in the rare situation where your property is not registered it is more problematic but is not insurmountable.

I am helping my step-mother sell her property in Cumbria. Does the solicitor arrange the energy assessment or it is for the owner to coordinate?

Following the abolition of HIPs, EPC’s became a required component of selling a house. An EPC needs to be to hand prior to the property being marketed. It is not as aspect of the sale process that lawyers ordinarily arrange. Where you are using a Cumbria conveyancing lawyer they may help arrange EPC’s due to their relationships with reputable Cumbria providers

My aunt pointed out to me me that in buying a property in Cumbria there may be various restrictions affecting the ability to carry out external changes to the property. Is this right?

There are a number of properties in Cumbria which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Cumbria should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I had a mortgage agreed in principle with Santander. Cumbria conveyancing lawyers are chosen. What is the average time that one could expect to receive a mortgage offer from Santander?

Some lenders take longer than others. Have Santander conducted the survey? Have you informed Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.

I'm buying a new build house in Cumbria with a mortgage from Bank of Ireland. The sellers refused to reduce the amount so I negotiated five thousand pounds worth of extras instead. The house builders rep advised me not to tell my conveyancer about the side-deal as it could put at risk my mortgage with Bank of Ireland. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the developer 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.

I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a quick, no chain conveyancing. Cumbria is where the house is located. Can you offer any opinion?

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