Me and my partner are intending to purchase a 3 bedroom flat in Burford with a mortgage. We wish to retain our Burford conveyancer, however the mortgage company says he's not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Burford property lawyer and pay for one of their panel lawyers to represent them. This feels very unfair; can we not insist that the lender use our Burford solicitor ?

No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Burford conveyancing solicitor to apply to be on the conveyancing panel.

I am purchasing a property for cash in Burford. I have been living for the last 15 years in Burford. Conveyancing searches are a lot of money. Given that I have knowledge of the area and road intimately should I not bother getting the solicitor to do all the conveyancing searches?

If you not getting a mortgage, then almost all of the Burford conveyancing searches are non-obligatory. Your solicitor will 'advise', no-doubt strongly, that you should have searches done, but she is duty bound to take that path of advice. One thing to take into account; if you are likely to dispose of the house in the future, it will be of importance to your prospective purchaser what the searches disclose. On occasion houses with functional issues can still reveal unpredicted search results. A good conveyancing solicitor in Burford will be able to give you some constructive guidance in this regard.

We are hoping to buy a newly converted flat in Burford with a residential mortgage from HSBC Bank.We have a Burford conveyancing practitioner but HSBC Bank says her practice is not listed on their approved list of firms. We have to appoint a HSBC Bank panel firm or retain our preferred solicitor and fork out for one of their panel ones to act for them. This seems very unfair; is there anything we can do?

Unfortunately,no. The home loan offered to you contains terms and conditions, one of which will be that solicitors must be on the HSBC Bank solicitor panel. Until recently, most banks had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for HSBC Bank

If you had a top tip for choosing a conveyancing solicitor in Burford what would it be?

We would encourage you not to base your choice on the lowest Burford conveyancing quote. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.

My wife and I buying a terrace house in Burford. Our aim is to convert the garage to an office at the house.Will legal due diligence on the property include checks to determine if these alterations are allowed?

Your solicitor will check the registered title as conveyancing in Burford can on occasion identify restrictions in the title deeds which prohibit certain alterations or need the consent of a 3rd party. Many extensions call for local authority planning permissions and approval under the building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these issues with a surveyor ahead of any purchase.

Can you point me to a directory of Yorkshire BS panel conveyancers in Burford on the Council of Mortgage Lender’s Website?

Unfortunately not yet. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. A small selection of mortgage companies make their panel listings available online. If you are seeking to appoint a Burford lawyer on the Yorkshire BS please make the most of our tool.

I am attracted to a couple of apartments in Burford which have about fifty years remaining on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold flat in Burford is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the value of the property. The majority of purchasers and mortgage companies, leases with under eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Burford conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Leasehold Conveyancing in Burford - A selection of Queries before buying

Most Burford leasehold flats will incur a service charge for the upkeep of the building set on behalf of the freeholder. Where you purchase the apartment you will have to meet this contribution, normally periodically throughout the year. This can vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent to be met annual, ordinarily this is not a exorbitant sum, say around £25-£75 but you should to enquire as sometimes it could be prohibitively expensive. Does the lease contain onerous restrictions? Are there any major works on the horizon that will add a premium to the maintenance charges?