My wife and I intend to remortgage our penthouse in Broadstone with TSB. 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. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the TSB conveyancing panel as he never had to sign this form when we purchased 5 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your TSB conveyancing panel solicitor is doing the right thing 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 TSB. This is solely used to protect TSB 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 TSB 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 are looking to buy a flat and require a conveyancing solicitor in Broadstone who is on the RBS approved panel. Can you recommend a local firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for RBS . We don't recommend any particular firms conducting conveyancing in Broadstone.
My wife and I have arranged a further advance on our mortgage from Co-operative as we wish to conduct alterations to our property in Broadstone. Are we obliged to select a bricks and mortar Broadstone solicitor on the Co-operative conveyancing panel to handle the paperwork?
Co-operative would not normally require a member of their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Co-operative conveyancing panel.
Last month we had a mortgage agreed in principle with Leeds Building Society. Broadstone conveyancing solicitors were selected. How long does it take for Leeds Building Society to forward the offer to the conveyancing practitioner?
There is no definitive answer here. Have Leeds Building Society conducted the survey? Have you advised Leeds Building Society as to your lawyers' details and checked that your lawyers are on the Leeds Building Society conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
Having read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Broadstone solicitor - who is on the Leeds Building Society conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Broadstone postcode. As you are getting a mortgage with Leeds Building Society, you could contact them to see if they have a list of approved surveyors in Broadstone.
I know that there are debates on Chancel Insurance on online forums. Am I compelled to have this when buying a house in Broadstone? or I am told that there is a law dating back centuries that could mean that homeowners residing in a parish church boundary may be liable to contribute towards repairs towards the chancel within the church. Is this applicable for conveyancing in Broadstone?
Unless a prior purchase of the house took place after 12 October 2013 you may take it that lawyers carrying out conveyancing in Broadstone to remain recommending a chancel search and or chancel repair liability insurance.
I used Stirling Law a few years past for my conveyancing in Broadstone. Now, I need my documents however the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Broadstone of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I've recently found out that there is a flying freehold element on a property I put an offer in last month in what should have been a straight forward, no chain conveyancing. Broadstone is where the house is located. Can you offer any opinion?
Flying freeholds in Broadstone are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Broadstone you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Broadstone may determine 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 premises.