My husband and I intend to remortgage our apartment in Barnsbury with Barclays. We have a son 18 who lives at home. 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 property is forfeited by the lender. I have two concerns (1) Is this document specific to the Barclays conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) Does our son by signing this compromise 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.
I am planning to acquire a house and require a conveyancing solicitor in Barnsbury who is on the Aldermore solicitor. Could you point me in the right direction as regards a solicitor?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Aldermore in certain locations such as Barnsbury. We dont recommend any particular firm.
My wife and I purchased a renovated Victorian house in Barnsbury. Conveyancing practitioner acted for me and Nationwide Building Society. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold under the matching address. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Barnsbury and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with your conveyancing lawyer who conducted the purchase.
How does conveyancing in Barnsbury differ for new build properties?
Most buyers of new build property in Barnsbury come to us having been asked by the seller to sign contracts and commit to the purchase even before the property is built. This is because builders in Barnsbury usually purchase the real estate, 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 conveyancing solicitors 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 Barnsbury or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a property in Barnsbury in advance of appointing solicitors. I have been informed that there is a flying freehold overhang to the property. The surveyor advised that some banks tend refuse to give a mortgage on such a premises.
It varies from the lender to lender. HSBC has different instructions from Birmingham Midshires. If you contact 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 Barnsbury. Conveyancing will be smoother if you use a solicitor in Barnsbury especially if they are familiar with such properties in Barnsbury.
In my capacity as executor for the estate of my grandmother I am disposing of a house in Swansea but reside in Barnsbury. My lawyer (approximately 235 miles awayrequires that I execute a stat dec prior to completion. Can you recommend a conveyancing practitioner in Barnsbury to witness this legal document for me?
strictly speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are located in Barnsbury