I require conveyancing for an apartment in a fairly new development (five years old) in Ulverston. 95% of the flats are already sold. Is it really necessary to order local searches for my conveyancing in Ulverston?

You would be putting yourself at risk in not carrying out Ulverston conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal necessity to have them, but we would seriously advise in no uncertain terms that your lawyer conducts them. Where timings and price are top of your issues you should consider with your lawyer about the viability of search insurance

Are the BSA planning on creating a search tool with a view to to identify firms on the Earl Shilton BS conveyancing panel for example in Ulverston?

We are not aware of any plans on the part of the BSA to promote such a tool.

Should our solicitor be raising questions regarding flooding as part of the conveyancing in Ulverston.

Flooding is a growing risk for conveyancers conducting conveyancing in Ulverston. There are those who buy a property in Ulverston, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.

Solicitors are not qualified to give advice on flood risk, but there are a numerous checks that may be initiated by the purchaser or by their solicitors which will figure out the risks in Ulverston. The standard property information forms given to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) includes a usual inquiry of the seller to find out if the premises has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the vendor, then a purchaser may issue a claim for damages resulting from an inaccurate answer. The purchaser’s conveyancers may also conduct an environmental report. This will reveal whether there is any known flood risk. If so, further investigations should be carried out.

Due to the encouragement of my in-laws I had a survey completed on a property in Ulverston before appointing solicitors. I have been advised that there is a flying freehold aspect to the house. Our surveyor has said that some banks will refuse to issue a mortgage on a flying freehold premises.

It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. If you call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Ulverston. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ulverston to see if the conveyancing will be more expensive.

We are purchasing a three room maisonettein Ulverston with a loan from a bank. We like our conveyancer in Ulverston however our mortgage company says he's not on their "panel". Apparently we need to choose from the our lender panel firms or keep our Ulverston solicitor and pay for one of their panel ones to represent our bank. We feel as though this is unjust; Can we not simply insist that our bank use our Ulverston lawyer?

No, not really. The lender mortgage issued is subject to its terms and conditions, one of which will be that solicitors will on the bank's conveyancing panel. Until recently, most mortgage companies had open panels, including almost all conveyancing solicitors in Ulverston : a mortgagee could choose 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 your mortgage company.