Our solicitor has identified a a problem with the lease for the apartment we are purchasing in Pevensey Bay. The other side have suggested title insurance as a solution. We are content with insurance and will cover the costs. Our solicitor says that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?

The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.

My flat in Pevensey Bay is up for sale and I have a buyer. Does my property lawyer need to be required to be on the HSBC conveyancing panel in order to deal with repayment of my mortgage?

Ordinarily, even if your lawyer is not on the HSBC conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently in recent years.

Will commercial conveyancing searches reveal planned roadworks that could affect a commercial land in Pevensey Bay?

Its becoming the norm that commercial conveyancing solicitors in Pevensey Bay will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Pevensey Bay. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Pevensey Bay.

For every commercial conveyancing transaction in Pevensey Bay it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately can result in delays to Pevensey Bay commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not conducted for domestic conveyancing in Pevensey Bay.

I'm purchasing a new build house in Pevensey Bay with a loan from Coventry Building Society. The builders refused to move on the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent advised me not disclose to my lawyer about the side-deal as it will affect my loan with the bank. Is this normal?.

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 house I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Pevensey Bay is where the house is located. Can you offer any guidance?

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