My partner and I are refinancing our maisonette in Canford Heath with Nationwide. 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 a couple of concerns (1) Is this form unique to the Nationwide conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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.
This question may be naive but I am wet behind the ears as FTB of a garden flat in Canford Heath. Do I receive the keys to the property on completion from my conveyancer? If so, I will instruct a local conveyancing solicitor in Canford Heath?
There is no need to visit the lawyers office on the day of completion. Your solicitors will arrange to send the completion advance to the seller's lawyers, and shortly after the monies have arrived, you will be invited to pick up the keys from the Estate Agents and start moving into the property. This tends to happen early afternoon.
After months of negotiation I have agreed a price on a house in Canford Heath. My mortgage broker suggested a conveyancer. I paid an on account payment of £175. A few days later, the conveyancing practitioner called me embarrassingly acknowledging that they were not on the HSBC conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the HSBC panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Planning on purchasing a maisonette in Canford Heath. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Nationwide conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Canford Heath conveyancing practitioner is on the Nationwide conveyancing panel.
Are there restrictive covenants that are commonly picked up during conveyancing in Canford Heath?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Canford Heath. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
About to purchase a new build apartment in Canford Heath. 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.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Canford Heath
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Due to the guidance of my in-laws I had a survey completed on a property in Canford Heath before instructing lawyers. I have been told that there is a flying freehold overhang to the house. The surveyor advised that some lenders tend not grant a loan on such a property.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. If you call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Canford Heath. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Canford Heath to see if the conveyancing will be more expensive.
I am selling my home. My previous lawyers has retired. I would be grateful for any recommendation of a conveyancing firm. Im based in Canford Heath if that affects matters.
Do use our search tool to help you find a solicitor for your conveyancing in Canford Heath. We have connected thousands of home buyers and sellers with regulated solicitors to ensure that the legalities of their house move goes with a minimum of fuss.