My wife and I are refinancing our apartment in Ashton with Clydesdale. 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. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the property is repossessed. I have a couple of questions (1) Is this form unique 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?
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 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.
A colleague informed me that in purchasing a property in Ashton there may be various restrictions prohibiting external changes to the property. Is this right?
We are aware of a number of properties in Ashton which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Ashton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am due to exchange contracts on my house. I had a double glazing fitted in September 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Co-operative are being a right pain. The Ashton solicitor who is on the Co-operative conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Planning on purchasing a house in Ashton. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Co-operative 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 Ashton conveyancer is on the Co-operative conveyancing panel.
Should commercial conveyancing searches reveal planned roadworks that may impact a commercial site in Ashton?
Its becoming the norm that commercial conveyancing solicitors in Ashton will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in sourcing accurate data on highways that impact buildings and development assets in Ashton. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Ashton.
For every commercial conveyancing transaction in Ashton it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately can result in delays to Ashton commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Ashton.
I have recentlybecome aware that Action Conveyancing have been shut down. They conducted my conveyancing in Ashton for a purchase of a leasehold flat 18 months ago. How can I check that the property is registered correctly in the name of the former proprietor?
The quickest way to see if the premises is registered to you, 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.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Ashton is where the house is located. Can you shed any light on this issue?
Flying freeholds in Ashton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Ashton you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Ashton may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
My husband and I are first time buyers - agreed a price, but the selling agent informed us that the owners will only issue a contract if we use their chosen lawyers as they want a ‘quick sale’. My instinct tells me that we should use a family conveyancer with experience of conveyancing in Ashton
We suspect that the owner is unaware of this demand. Should the seller want ‘a quick sale', taking such a hostile approach to a genuine purchaser is counter productive. Speak to the vendors direct and make the point that (a)you are motivated purchasers (b)you are ready to progress, with finances arranged © you are unencumbered (d) you intend to proceed fast (e)but you will continue to instruct your preferred Ashton conveyancing solicitors - rather thanthose that will provide their estate agent a kickback or achieve conveyancing targets demanded by HQ.