My partner and I swapping mortgage lender for our apartment in Anston with TSB. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the TSB conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your TSB 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 TSB. This is solely used to protect TSB 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 TSB 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.
I am the registered owner of a freehold residence in Anston but still invoiced for rent, why is this and what is this?
It is rare for properties in Anston and has limited impact for conveyancing in Anston but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
I have been told that property searches are a common reason for obstruction in Anston conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of delays in the conveyancing process. Local searches are not likely to feature in any holding up conveyancing in Anston.
I opted to have a survey completed on a house in Anston in advance of instructing conveyancers. I have been advised that there is a flying freehold element to the property. The surveyor has said that some banks tend not issue a mortgage on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. If you e-mail us we can check with 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 Anston. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Anston to see if the conveyancing will be more expensive.
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At this site get a conveyancing quote from a Solicitor or Licensed Conveyancer that has a full understanding of the issues for your conveyancing in Anston. As opposed to estate agents and brokerage sites we do not have referral arrangements with solicitors. Some agents and online brokers 'recommend' the firm that pays the highest kickback, rather than the best value conveyancing in Anston
The financial adviser has suggested using their conveyancer for our conveyancing in Anston - Surely it’s better to just use them?
It is worth checking if the estate agent is recommending a solicitor or introducing to a conveyancing practitioner. There are plenty of Anston estate agents who recommend two or three Anston conveyancing firms purely based on those lawyers offering a great service.