My partner and I intend to remortgage our apartment in Ashton with Barclays. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have two questions (1) Is this form unique to the Barclays conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) Does our son by signing this extinguish his entitlement 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 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.
We wanted to use a property lawyer in Ashton for our house purchase. Our broker informed us that our mortgage company Lloyds TSB Bank won't deal with them. Why is this not regarded as unduly restrictive?
A mortgage company can insist on an approved conveyancer act for it. You would be expected to meet the charges for this. Try using our database to select a solicitor to carry conveyancing in Ashton on the Lloyds TSB Bank approved list of solicitors.
Should our conveyancer be making enquiries regarding flooding as part of the conveyancing in Ashton.
Flooding is a growing risk for lawyers dealing with homes in Ashton. Some people will purchase a house in Ashton, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Conveyancers are not best placed to give advice on flood risk, however there are a number of checks that can be undertaken by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Ashton. The conventional set of property information forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the seller to determine if the property has suffered from flooding. In the event that the residence has been flooded in past and is not revealed by the seller, then a buyer may commence a compensation claim as a result of such an incorrect reply. The buyer’s solicitors will also conduct an environmental report. This should disclose if there is any known flood risk. If so, more detailed investigations should be conducted.
I have todaybeen informed that Wolstenholmes have been shut down. They conducted my conveyancing in Ashton for a purchase of a freehold house 9 months ago. How can I check that the property is not still registered in the name of the former proprietor?
The easiest way to check if the property is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Ashton conveyancing specialists.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Ashton. Conveyancing is a frightening process 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 is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Ashton
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Please confirm the Lease plans are architect prepared. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
I am contemplating using an online conveyancing practitioner ahead of a Ashton conveyancing firm. Any advice?
Advantages do exist in being able to attend a local Ashton conveyancing solicitor for instance
- signing papers and and when necessary
- getting one on one explanations of things that you need help with
- the ability to raise concerns if matters go pear-shaped
When checking quotes, look carefully for hidden extras. The majority decent Ashton high street solicitors give an all-inclusive figure. Many online agents appear to offer discounted fees, but have burried 'extras' in the small print.