My partner and I intend to remortgage our apartment in Battersea with HSBC. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 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 repossessed. I have a couple of questions (1) Is this form unique to the HSBC conveyancing panel as he never had to sign this form when we bought 3 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.
My bank has suggested a law firm on their panel based in Battersea but I would rather choose a conveyancing lawyer in Battersea round the corner to me. Are you able to help?
It is by no means the case that all Battersea conveyancing firms are on all banks conveyancing panel. Do make use of our search tool to choose a Battersea conveyancing conveyancer on the on the lender panel.
My wife and I buying a terrace house in Battersea. We would like to carry out an extension to the side at the house.Will legal conveyancing on the property involve checks to ascertain if these works are prohibited?
Your property lawyer will review the registered title as conveyancing in Battersea can on occasion identify restrictions in the title documents which restrict categories of alterations or require the consent of another owner. Certain works require local authority planning permissions and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these issues with a surveyor ahead of any purchase.
I have today made my last payment due on my mortgage with Barclays. I assume I don't need a Battersea conveyancing practitioner on the Barclays panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Battersea off the council. I have a mortgage offer with TSB. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
I need some quick conveyancing in Battersea as I have a deadline to exchange contracts inside one month. A home loan is not required. Is it possible to escape the need for conveyancing searches to save fees and time?
As you are are a mortgage free purchaser you are at liberty not to have searches conducted although no conveyancer would advise that you don't. With plenty of history conveyancing in Battersea the following are examples of what can appear and adversely impact future saleability: Refused Planning Applications, Overdue Charges, Outstanding Grants, Unadopted Roads,...
The estate agent has sent us the confirmation of our purchase of a new build flat in Battersea. Conveyancing is necessary evil 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 conveyancing.
Set out below are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Battersea
-
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan. 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. 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.
What if there is an issue with the searches carried out as part of my conveyancing in Battersea?
On the whole, almost all adverse entries revealed in Battersea conveyancing search responses can be dealt with in advance of completion or indemnity insurance can be put on cover. You should remember that although you intend on purchasing the premises and may be willing to live with the search results, your building society or bank may not, and ultimately the decision rests with them.