My lawyer has uncovered a defect with the lease for the property we are purchasing in Brent Cross. The other side have offered title insurance as a workaround. We are happy 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. Are we the client or is the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. 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 solicitor will have no choice but to discontinue acting for you.

When it comes to mortgage companies such as TSB, do Brent Cross lawyers incur a fee to be on the conveyancing panel?

We are unaware of any bank fees to register on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.

is it true that all Brent Cross solicitor practices on the TSB conveyancing panel are overseen by the SRA?

As a firm of solicitors, in order to be on the TSB conveyancing panel they would need to be overseen by the SRA. Many banks do allow licenced conveyancers on their panel and in such a situation the firms would be overseen by the Council of Licensed Conveyancers.

I have instructed a Brent Cross property lawyer having made sure that they are on the Bank of Ireland conveyancing panel. Does my lawyer arrange the survey of the property?

Bank of Ireland will need an independent valuation of the property. Your lawyer will not arrange this. Usually Bank of Ireland will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Brent Cross surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

Are there restrictive covenants that are commonly picked up during conveyancing in Brent Cross?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Brent Cross. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Yesterday I discovered that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Brent Cross is where the house is located. Is there any guidance you can impart?

Flying freeholds in Brent Cross are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Brent Cross you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brent Cross 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.

I own a leasehold house in Brent Cross. Conveyancing and TSB mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Brent Cross who acted for me is not around. What should I do?

The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Brent Cross conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I inherited a basement flat in Brent Cross. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the amount due for a lease extension?

if there is a absentee landlord or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to assess the premium.

An example of a Lease Extension matter before the tribunal for a Brent Cross flat is First Floor Flat 61 Wilberforce Road in March 2014. The premium payable was £10,130 and the case was remitted back to the Willesden County Court to effect the Vesting Order (Claim No 3W103100). This case was in relation to 1 flat. The unexpired lease term was 71 years.