My husband and I are refinancing our apartment in Batley with Co-operative. We have a son 19 who lives at home. 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 flat is repossessed. I have two questions (1) Is this form unique to the Co-operative conveyancing panel as he did not need to sign this form when we bought 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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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.
Should commercial conveyancing searches reveal proposed roadworks that could affect a commercial property in Batley?
Many commercial conveyancing solicitors in Batley will execute a SiteSolutions Highways report as it reduces the time that conveyancers spend in investigating accurate data on highways that impact buildings and development assets in Batley. The report sets out definitive data 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 Batley.
For every commercial conveyancing transaction in Batley it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may cause delays to Batley commercial conveyancing transactions as well as present a risk to future plans for the site. These searches are not ordered for residential conveyancing in Batley.
The estate agent has sent us the confirmation of our purchase of a new build flat in Batley. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Batley
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I decided to have a survey completed on a house in Batley in advance of instructing solicitors. I have been advised that there is a flying freehold element to the house. The surveyor has said that some mortgage companies may not issue a mortgage on this type of house.
It depends who your proposed lender is. Lloyds has different requirements from Birmingham Midshires. If you call us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Batley. Conveyancing will be smoother if you use a solicitor in Batley especially if they are accustomed to such properties in Batley.
My company is wishing to take an assignment of a lease of an office on a shopping parade. Can you recommend solicitors offering competitive costs for commercial conveyancing in Batley for under 1500k?
We can recommend firms who have an in-depth of experience of commercial conveyancing in Batley, including the sale and purchase of businesses as well as simply premises. Whether you are looking to purchase or lease a shop, pub, restaurant, office, retail premises or a whole business we can put you in touch with the right solicitor. As for the charges this will depend on the structure and heads of terms of the deal. Please provide us with your details or telephone us so that we can provide you with a fixed commercial conveyancing quote.
What are your top tips when it comes to choosing a Batley conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Batley conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with several firms including non Batley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be useful:
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Can they put you in touch with clients in Batley who can give a testimonial?
Batley Leasehold Conveyancing - Examples of Queries before Purchasing
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How long is the Lease? Who are the managing agents? It would be wise to find out as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to every day matters like the cleanliness of the communal areas. Don't be shy to ask prospective neighbours what they think of their service. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.