I had intended to instruct a property lawyer in Banbury for our house move. Our broker has since notified us that our bank Leeds Building Society won't deal with them. Surely this is unduly restrictive?

Banks ordinarily imposes restrictions either the category or the number of conveyancing solicitors on their approved list of lawyers. A common example of such restriction(s) being that a law practice must not be a sole practitioner. As well as restricting the type of firm, some have reduced the number of firms they permit to act for them. You should note that Leeds Building Society have no responsibility for the quality of advice provided by any member of Leeds Building Society Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of conveyancing panels since 2008 even though there remains differing opinions about the level of solicitor involvement in some of that fraud. Figures from the Land Registry reveal that thousands of law firms, including some in or near Banbury only execute very few conveyances per annum.

I am buying a property in Banbury. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Virgin Money be concerned?

As you are obtaining a mortgage with Virgin Money your lawyer must check the conveyancing requirements contained in Section two of UK Finance Lenders’ Handbook for Virgin Money. The Council of Mortgage Lenders’ Handbook contains minimum specifications for solar panel roof-space leases, and conveyancers are required to report to Virgin Money where a lease does not meet these specifications. The requirements relate to the installation of panels on properties in England and Wales and is not limited to Banbury.

My husband and I are at the point of looking at houses in Banbury and I am about to put in an offer. Should I already have a conveyancing practitioner appointed at this stage? I am planning to take a mortgage with Yorkshire BS.

You should start obtaining conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the selling agent. As you are obtaining a mortgage with Yorkshire BS, make sure you remember to check that your lawyer is on the Yorkshire BS conveyancing panel.

The mortgage over my property is with Bank of Ireland for my property in Banbury. Conveyancing was finalised some time ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Bank of Ireland?

Bank of Ireland must be informed of your intention prior to renting your property as this is likely to be a breach of Bank of Ireland’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Bank of Ireland directly. It should not be necessary to do this via a Bank of Ireland conveyancing panel lawyer.

Will my solicitor be raising questions about flooding as part of the conveyancing in Banbury.

The risk of flooding is if increasing concern for conveyancers dealing with homes in Banbury. Plenty of people will acquire a property in Banbury, fully expectant that at some time, it may be flooded. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Solicitors are not qualified to offer advice on flood risk, but there are a number of searches that may be carried out by the purchaser or by their solicitors which can figure out the risks in Banbury. The standard information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual question of the vendor to discover whether the property has suffered from flooding. If the property has been flooded in past and is not disclosed by the owner, then a purchaser could issue a compensation claim as a result of such an misleading answer. A buyer’s conveyancers will also conduct an environmental report. This should higlight if there is a recorded flood risk. If so, further inquiries will need to be initiated.

Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Banbury is where the house is located. Can you shed any light on this issue?

Flying freeholds in Banbury are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Banbury you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Banbury 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.

My company is wishing to take an assignment of a lease of a shop on the high street. Can you recommend lawyers offering competitive charges for non-domestic conveyancing in Banbury for less than £2000?

We can recommend firms who have an in-depth of experience of commercial conveyancing in Banbury, including the disposal and purchase of businesses as well as simply property. If you are hoping to acquire or dispose of a shop, pub, restaurant, office, retail unit or a complete business we will find you the right lawyer. Regarding the costs this will depend on the structure and terms of the proposed transaction. Please provide us with your details or phone us so that we can supply you with comprehensive commercial conveyancing calculation.