Unfortunately I am unable to travel far from Yarm. Please clarify why all Yarm lawyers are not on all bank panels?

Pre- 2008 most mortgage companies displayed an approach to risk which is different than today. The financial regulator in 2010 conducted a thematic review into property fraud which concluded: know the conveyancers on your panel. Accordingly, mortgage companies have subsequently looked to extract more information from law firms concerning their operations and the staff who work for them and set certain criteria such as completing a minimum volume of transactions. Hundreds of law practices have found themselves removed from lender panels even though they had 100% healthy disciplinary record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms were never going to satisfy the criteria of volume of transactions the mortgage companies insisted on.

I purchased a freehold residence in Yarm but nevertheless invoiced for rent, why is this and what is this?

It’s unusual for properties in Yarm and has limited impact for conveyancing in Yarm but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.

Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.

Should my solicitor be making enquiries about flooding as part of the conveyancing in Yarm.

The risk of flooding is if increasing concern for lawyers dealing with homes in Yarm. There are those who purchase a house in Yarm, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.

Solicitors are not qualified to offer advice on flood risk, but there are a various checks that can be initiated by the buyer or by their conveyancers which can figure out the risks in Yarm. The standard property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the owner to discover if the premises has suffered from flooding. If flooding has previously occurred and is not disclosed by the seller, then a purchaser could commence a claim for damages stemming from an misleading reply. A purchaser’s solicitors should also carry out an enviro report. This should indicate if there is a recorded flood risk. If so, more detailed investigations should be initiated.

The deeds to my home can not be found. The lawyers who conducted the conveyancing in Yarm 10 years ago are no longer around. What do I do?

Nowadays there are copies made of almost everything, and your solicitor will know exactly where to locate all the relevant documentation so you can purchase or sell your house without a hitch. Where copies are not available, your solicitor can arrange cover in the form of insurance or indemnities protecting you against future claims on the premises.

Due to the input of my in-laws I had a survey completed on a property in Yarm prior to instructing lawyers. I have been informed that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies may refuse to grant a mortgage on a flying freehold house.

It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Yarm. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Yarm to see if the conveyancing will be more expensive.