I am in the process of selling my ground floor flat in Toton and the EA has just telephoned to say that the purchasers are swapping property lawyer. I am told that this is due to the fact that the bank will only work with property lawyers on their conveyancing panel. Why would a major lender only deal with specific law firms rather the firm that they want to appoint to handle their conveyancing in Toton ?

Banks have always had an approved set of law firms that can act for them, but in recent years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for decades.

Lending institutions attribute this action to a rise in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.

I have todaybecome aware that Stirling Law have been shut down. They carried out my conveyancing in Toton for a purchase of a leasehold apartment 10 months ago. How can I check that the property is not still registered in the name of the previous owner?

The easiest method to see if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Toton conveyancing specialists.

The estate agent has sent us the confirmation of our purchase of a new build flat in Toton. 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 legal work.

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

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. 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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.

I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a simple, chain free conveyancing. Toton is the location of the property. Is there any guidance you can impart?

Flying freeholds in Toton are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Toton you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Toton 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.

Me and my husband are selling a Toton flat left to us seven years ago in 2012. I have over a decades worth of conveyancing knowledge and, although retired, see no reason not to carry out the legal work. The buyer's conveyancing practitioner has informed me that their mortgage company will not allow you to do your own conveyancing as they require the funds to be sent to a solicitor's bank account.

Mortgage instructions to property lawyers from all CML members specify that If the vendor does not have legal representation the borrower's lawyers should check whether the mortgage company needs to be notified so that a decision can be reached as to whether or not they are willing to progress.