we are a couple who are buying a purpose built apartment in Durham with a residential mortgage from Lloyds TSB Bank.We use our Durham conveyancing lawyer but Lloyds TSB Bank informed us his firm is not on their "panel". we are left little option but to use a Lloyds TSB Bank panel lawyer or keep our preferred solicitor and pay for a Lloyds TSB Bank panel lawyer to represent them. We feel as though this is unjust; is there anything we can do?

No, not really. The loan issued to you is subject to its terms and conditions, a common one being that solicitors will be on the Lloyds TSB Bank conveyancing panel. in the past, most banks had large numbers of solicitors on their panels: a borrower could find 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 lawyer to apply to be on the conveyancing panel for Lloyds TSB Bank

My wife and I are in the process of looking at apartments in Durham and I am about to put in an offer. Is it premature to have a solicitor in place? I intend to finance via a home loan with Leeds Building Society.

It would be sensible to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. As you are getting a mortgage with Leeds Building Society, make sure you remember to check that your lawyer is on the Leeds Building Society conveyancing panel.

I have instructed a Durham solicitor having made sure that they are on the Lloyds conveyancing panel. Does my lawyer arrange the survey of the property?

Lloyds will need an independent valuation of the property. Your lawyer will not arrange this. Usually Lloyds will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Durham postcode. As you are getting a mortgage with Lloyds, you could contact them to see if they have a list of approved surveyors in Durham.

I have finally had an offer on an apartment in Durham agreed to, but there is a chain. The vendors have placed an offer on somewhere, however it’s not yet agreed to, and are looking at other flats in the pipeline. I have instructed a high street conveyancing solicitor in Durham. What should be my next step? At what stage should I apply for the mortgage with Skipton?

It is understandable to have anxieties where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is approx £1k, then survey, Durham conveyancing search charges, etc). The first thing to do is check that your conveyancer is on the Skipton approved list. Regarding the subsequent steps this very much depends on the circumstances of your case, motivation for the property and on the state of the market. During a rising market the majority of home buyers will apply for the mortgage with Skipton and pay for the valuation and only if it comes back ok would they pay their property lawyer to press on with searches.

I have been told that property searches are the number one reason for obstruction in Durham house deals. Is that correct?

The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not figure within the common causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any slowing down conveyancing in Durham.

How does conveyancing in Durham differ for newly converted properties?

Most buyers of new build premises in Durham come to us having been asked by the developer to sign contracts and commit to the purchase even before the house is completed. This is because developers in Durham typically acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Durham or who has acted in the same development.

Expecting to complete next month on a leasehold property in Durham. Conveyancing lawyers assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Durham should include some of the following:

The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a tenant enjoys Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? The total extent of the premises. This could be the flat itself but could also incorporate a loft or cellar if appropriate. What the implications are if you breach a clause of your lease?

Durham Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

Is there a share of the freehold? It would be sensible to find out if the the lease contains any unreasonable restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Durham. If you love the apartmentin Durham however your cat is not allowed to live with you then you will be presented with a difficult determination. It is important to be aware whether a new roof is being put on or some other major work is due shortly that will be shared between the tenants and could well dramatically impact the level of the service fees or result in a specific invoice.