Please help. My Chesham solicitor is advising me that he has toconduct Chesham conveyancing searches asthe firm are on the Santandersolicitor panel. Is my solicitor correct?

You have limited options available to you. As you are obtaining a home loan with a bank your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Chesham conveyancing searches.

Various online forums that I have frequented warn that are the main reason for delay in Chesham house deals. Is there any truth in this?

The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not feature amongst the common causes of hindrances in the conveyancing process. Searches are unlikely to feature in any slowing down conveyancing in Chesham.

Are there restrictive covenants that are commonly identified as part of conveyancing in Chesham?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Chesham. 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…’

Just had an offer accepted on a new build flat in Chesham. Conveyancing is a frightening process 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 conveyancing.

Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Chesham

Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. 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. 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.

Due to the encouragement of my in-laws I had a survey completed on a property in Chesham ahead of retaining conveyancers. I have been informed that there is a flying freehold aspect to the property. Our surveyor advised that some banks will not give a loan on a flying freehold property.

It depends who your proposed lender is. HSBC has different requirements from Nationwide. If you e-mail us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Chesham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Chesham to see if the conveyancing costs will increase in light of this.