I am in the process of selling my flat in St Annes Park and the EA has just telephoned to say that the purchasers are appointing a new property lawyer. The excuse is that the mortgage company will only deal with property lawyers on their approved list. Why would a major lender only work with specific lawyers rather the firm that they want to choose for their conveyancing in St Annes Park ?

Banks have always had panels of law firms they are content to work with, but in the last few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.

Lending institutions attribute this action to a rise in fraud as the reason for the reduction – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any sway in the decision.

My aunt passed away 10 months ago and as sole heir and executor I was left the house in St Annes Park. The house had a relatively small loan left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Clydesdale, pay off the mortgage. Is this possible?

Given you intend to re-mortgage then Clydesdale will require that you use a conveyancer on the Clydesdale conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Clydesdale conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Clydesdale mortgage is registered as a charge at the Land Registry.

How does conveyancing in St Annes Park differ for newly converted properties?

Most buyers of new build or newly converted property in St Annes Park come to us having been asked by the seller to exchange contracts and commit to the purchase even before the house is completed. This is because house builders in St Annes Park usually buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in St Annes Park or who has acted in the same development.

I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a quick, chain free conveyancing. St Annes Park is the location of the property. Can you shed any light on this issue?

Flying freeholds in St Annes Park are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St Annes Park you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Annes Park may determine 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 residence.

I have recently realised that I have 72 years remaining on my flat in St Annes Park. I am keen to extend my lease but my landlord is can not be found. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to locate the landlord. For most situations a specialist would be useful to try and locate and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering St Annes Park.

St Annes Park Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

Make sure you find out if there is anything that is prohibited in the lease. For example it is reasonably common in St Annes Park leases that pets are not permitted in in a block in St Annes Park. If you like the flatin St Annes Park but your dog is not allowed to live with you then you will be presented with a difficult choice. Best to be warned whether changing the roof or some other significant cost is pending to be shared between the leasehold owners and may well dramatically increase the the service fees or require a specific invoice.