My solicitor has discovered a defect with the lease for the flat we are purchasing in Southwell. The other side have suggested defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancing practitioner has advised that he must check that the lender is willing to move forward with this solution. Who is the client here, us or the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank 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 conveyancing practitioner will have no choice but to discontinue acting for you.

What will a local search tell me regarding the property my wife and I purchasing in Southwell?

Southwell conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search organisations such as PSG The local search plays a central role in many a Southwell conveyancing purchase; as long as you don’t want any nasty once you have moved into your new home. The search will provide information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic areas.

I own a semi-detached Victorian property in Southwell. Conveyancing solicitor represented me and Virgin Money. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold with the exact same address. I'd like to know for sure, how can I find out??

You should review 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 Southwell 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 purchasers. You can also question the position with the conveyancing practitioner who conducted the work.

The estate agent has sent us the confirmation of our purchase of a new build flat in Southwell. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Southwell

Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants.

Is it possible to switch firm as I have to choose a firm on the Yorkshire Building Society conveyancing list. I was using a family conveyancing solicitor in Southwell round the corner but he is not approved by Yorkshire Building Society

It would be our pleasure to help you find a conveyancing solicitor in Southwell on the Yorkshire Building Society panel. Please note that the law firms that we list do not pay us commission if you instruct them and are authorised and regulated by the SRA who regulate all conveyancing solicitors in Southwell. Using the find a conveyancing solicitor tool on this website, you can scrutinise costs for conveyancing solicitors in Southwell and beyond.