My fiance and I are purchasing a maisonette in Windsor. My lawyer is not on the lender approved panel. Can I still use my Windsor conveyancing solicitor even though they are not on the mortgage company list of approved lawyers?

One will need to appoint a solicitor to deal with the legal work required when you need a loan to purchase your property. The solicitor will conduct all the essential due diligence on the property, make sure that you’re properly registered as the owner and ensure that all the necessary mortgage paperwork is dealt with. You can instruct a Windsor solicitor of your choosing. However, where the conveyancer appointed is not on the lender approved list supplemental fees will be incurred as separate legal representation will be need by the mortgage company. Conveyancing panel applications can be submitted, so if your solicitor has not previously applied for membership they should take the opportunity to apply.

My husband and I are refinancing our flat in Windsor with Clydesdale. We have a son 18 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the Clydesdale conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?

First, rest assured that your Clydesdale 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.

Is it the case that all Windsor solicitor firms on the Kent Reliance conveyancing panel are overseen by the SRA?

As solicitors, in order to be on the Kent Reliance approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Many lenders do list licenced conveyancers on their panel and in that case the organisation would be regulated by the Council of Licensed Conveyancers.

I have paid off my mortgage with TSB. I assume I don't need a Windsor property lawyer on the TSB panel to remove the mortgage at the Land Registry. Please confirm.

If you have finished paying off your TSB mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the TSB mortgage from the register. TSB, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where TSB has sent the Land Registry the discharge electronically, and
3. TSB has instructed the Land Registry to do so

Santander have agreed my home loan in principle, my bid on a apartment in Windsor has been accepted, now what?

Your property agent will wish to be advised as to your conveyancer's details (ensure that the lawyers are on the bank’s panel). Contact Santander or your financial adviser and complete any outstanding paperwork. Santander will instruct a valuer who will get in contact with the selling agent or vendor to arrange a slot for the valuation to take place. Once conducted (assuming no problems) it takes approximately a fortnight for the mortgage offer to be issued. Santander will issue the offer to you and your property lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Windsor.

I am buying a property and the solicitor has identified Chancel Repair to which the house could be obligated to pay as it falls into the area of such a church. She has suggested insurance. Is this strictly necessary for conveyancing in Windsor

Unless a previous acquisition of the property took place post 12 October 2013 you could take it that solicitors conducting conveyancing in Windsor to continue to advocate a chancel search and or insurance against a claim.

How does conveyancing in Windsor differ for newly converted properties?

Most buyers of new build property in Windsor contact us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is built. This is because house builders in Windsor tend to acquire the site, 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 conveyancers 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 Windsor or who has acted in the same development.