Our lawyer has uncovered a a legal deficiency with the lease for the flat we are purchasing in Dorset. The other side have offered defective title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor says that he must check that the bank is happy with this solution. Are we the client or is the mortgage company ?

Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. These conveyancing instructions must be adhered to.

We are aiming to move home in October. Will my conveyancing solicitor call the removal company on the day of completion. Incidentally, can you put forward a removal company in Dorset. Conveyancing lawyer was chosen before I stumbled across your site.

On the afternoon of completion you can collect the house keys from your property agent but this can only be done once the sellers conveyancers inform the agent that they have the completion monies and the keys can be given over. After that you should advise the removal company that you are ready to move in. We do not recommend a particular removal organisation but can assist you in locating a residential property solicitor in Dorset or a lawyer that specialises in conveyancing in Dorset.

Is it the case that all Dorset CQS (Conveyancing Quality Scheme) solicitors are on the Nationwide conveyancing list of approved firms?

It is true that some banks and building societies now use CQS as the starting point for Panel approval such as HSBC and Santander. CQS membership however gives 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 remain on their approved list of firms.

I am expecting a DIP from Kent Reliance this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Kent Reliance recommend any Dorset solicitors on the Kent Reliance conveyancing panel, or is it better to go independently?

You will need to appoint Dorset solicitors independently although you'll need to choose one on the Kent Reliance conveyancing panel. The solicitor represents both you and Kent Reliance through the process.

Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a straight forward, chain free conveyancing. Dorset is the location of the property. What do you suggest?

Flying freeholds in Dorset are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Dorset 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 Dorset 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 property.

I was advised by a number of selling agents in Dorset to get a quote from a property lawyer on your site. Is there a financial upside for Estate Agents to offer your lawyers rather than a competitor’s?

We refuse to offer any commission for directing people our way. We thought it would be too underhand to pay a commission because home movers will think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Dorset. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Dorset ?

Most houses in Dorset are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can assist with the conveyancing process. It is clear that you are buying in Dorset so you should seriously consider shopping around for a Dorset conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should appraise you on the various issues.

Leasehold Conveyancing in Dorset - Sample of Queries Prior to Purchasing

Is there a share of the freehold? The answer will be helpful as a) areas could cause problems in the block as the communal areas may start to deteriorate where services are not paid for b) if the leasehold owners have an issue with the running of the building you will wish to have all the details It would be prudent to enquire if the the lease includes any onerous restrictions in the lease. For example it is very common in Dorset leases that pets are not permitted in certain buildings in Dorset. If you like the flatin Dorset however your dog can’t make the move with you then you will be faced hard compromise.