All was ready to move into my new home in Bourne next Tuesday. My lawyer now wants me to supply her with proof of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the lender. What risks does the mortgage company expect the insurance to cover?

All property lawyers on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook conditions. These obligations are not specific to conveyancing in Bourne.

Can you clarify what the consequences are if my solicitor is expelled from the Co-operative Conveyancing panel ahead of completing my conveyancing in Bourne?

First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.

My partner and I have organised a further advance on our mortgage from Aldermore as we wish to conduct improvements to our property in Bourne. Do we need to choose a high street Bourne solicitor on the Aldermore conveyancing panel to deal with the legals?

Aldermore would not normally require a member of their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Aldermore conveyancing panel.

I have paid off my mortgage with Coventry BS. I assume I don't need a Bourne property lawyer on the Coventry BS panel to remove the mortgage at the Land Registry. Am I right?

If you have finished paying off your Coventry BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Coventry BS mortgage from the register. Coventry BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Coventry BS has sent the Land Registry the discharge electronically, and
3. Coventry BS has instructed the Land Registry to do so

I recently had an offer agreed on an apartment in Bourne. My financial adviser suggested a property lawyer. I paid an advanced payment of £175. A couple of days later, the conveyancer called me to say that they were not on the Santander conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Santander panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

The estate agent has sent us the confirmation of our purchase of a new build flat in Bourne. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

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

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please confirm the Lease plans are architect prepared. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants.

We today become aware that one of the partners of the firm undertaking the purchase conveyancing in Bourne is is the brother of the owners that we are buying from. Is this acceptable?

As long as no conflict arises this is allowable. Where you are obtaining a mortgage then the mortgage company may have a say as many banks have specific requirements on this. For example for RBS- First Active as of 2/3/2025, the requirements read as follows :