We are intending to purchase a 2 bedroom flat in Malmesbury with a mortgage. We like our Malmesbury conveyancer, however the lender advise he's not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Malmesbury property lawyer and pay for one of their panel firms to represent them. This seems very unfair; are we not able to insist that the bank use our Malmesbury 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 Malmesbury conveyancing lawyer to apply to be on the conveyancing panel.

I am considering applying for a Nottingham mortgage for purchase of a newly converted (under development) in Malmesbury with 65 per cent loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for Nottingham ?

In theory, you could use a solicitor that is not on the Nottingham conveyancing panel, but Nottingham would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.

We are buying a end of terrace house in Malmesbury. Our aim is to carry out an extension to the side at the property.Will legal conveyancing on the property involve investigations to see if these alterations are prohibited?

Your conveyancer should review the registered title as conveyancing in Malmesbury will occasionally reveal restrictions in the title documents which prohibit categories of works or need the consent of a 3rd party. Certain additions call for local authority planning permissions and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be wise to check these issues with a surveyor prior to committing yourself to a purchase.

is it true that all Malmesbury conveyancing solicitors on the Coventry BS conveyancing panel are governed by the Solicitors Regulatory Authority?

As solicitors, in order to be on the Coventry BS approved list of solicitors they would need to be governed by the SRA. The majority of lenders do list licenced conveyancers on their panel in which case such practice would be overseen by the Council of Licensed Conveyancers.

I am selling my flat. I had a double glazing fitted in August 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Yorkshire BS are being pedantic. The Malmesbury solicitor who is on the Yorkshire BS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Yorkshire BS are requiring a building regulation certificate. Why do Yorkshire BS have a conveyancing panel if they don't accept advice from them?

It is probably the case that Yorkshire BS have referred the matter to their valuer. The reason why Yorkshire BS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

I am buying a new build apartment in Malmesbury. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Malmesbury

Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?

I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a quick, no chain conveyancing. Malmesbury is the location of the property. Can you offer any opinion?

Flying freeholds in Malmesbury are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Malmesbury you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Malmesbury may decide 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.