My fiance and I changing mortgage lender for our flat in Oxfordshire with Barclays. We have a son 18 who lives with us. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have two questions (1) Is this document specific to the Barclays conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) Does our son by signing this giving up his rights to inherit the property?

First, rest assured that your Barclays conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Barclays. This is solely used to protect Barclays if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Barclays had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

Do I need to attend the offices of the solicitor to sign the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Oxfordshire so that I can attend their offices when needed.

Whereas this was necessary ten years ago, almost all banks no longer require their conveyancing panel lawyer to witness the borrowers signature. You will still be obliged to provide identification documents and there are still distinct benefits to using a local practitioner, in your situation a conveyancing solicitor in Oxfordshire.

I purchased a 4 bedroom Edwardian house in Oxfordshire. Conveyancing practitioner acted for me and Leeds Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, another for leasehold under the exact same property. I thought I was buying a freehold how can I check?

You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Oxfordshire and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with the conveyancing practitioner who completed the work.

Due to the encouragement of my in-laws I had a survey completed on a property in Oxfordshire before instructing lawyers. I have been informed that there is a flying freehold overhang to the house. Our surveyor advised that some lenders may not issue a mortgage on a flying freehold house.

It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Oxfordshire. Conveyancing may be slightly more expensive based on your lender's requirements.

I've found a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Oxfordshire. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Oxfordshire ?

The majority of houses in Oxfordshire are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Oxfordshire so you should seriously consider looking for a Oxfordshire conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.