My fiance and I intend to remortgage our penthouse in Brockenhurst with Barclays. We have a son 19 who lives at home. Our solicitor has asked us to disclose 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, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Barclays conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up his entitlement to inherit the property?
First, rest assured that your Barclays 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 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 thinking of refinancing my apartment in Brockenhurst, does my lawyer need to be on the Yorkshire BS Conveyancing panel?
In theory, you could use a solicitor that is not on the Yorkshire BS conveyancing panel, but Yorkshire BS would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Brockenhurst is where the house is located. What do you suggest?
Flying freeholds in Brockenhurst are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Brockenhurst you would need to get your solicitor to go 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 Brockenhurst may decide 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 property.
In my capacity as executor for the estate of my uncle I am selling a property in Swansea but I am based in Brockenhurst. My conveyancer (approximately 300 kilometers awayrequires that I execute a statutory declaration before the transaction finalising. Can you recommend a conveyancing practitioner in Brockenhurst to witness this legal document for me?
Technically speaking you should not need to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are Brockenhurst based
I am employed by a busy estate agent office in Brockenhurst where we have witnessed a number of flat sales jeopardised due to short leases. I have been given inconsistent advice from local Brockenhurst conveyancing solicitors. Could you shed some light as to whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I bought a garden flat in Brockenhurst, conveyancing formalities finalised in 2006. Can you please calculate a probable premium for a statutory lease extension? Comparable flats in Brockenhurst with over 90 years remaining are worth £202,000. The average or mid-range amount of ground rent is £55 yearly. The lease ceases on 21st October 2081
With only 56 years remaining on your lease we estimate the premium for your lease extension to span between £29,500 and £34,000 plus plus your own and the landlord's "reasonable" professional fees.
The figure above a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.
My fiance and I are searching for an affordable conveyancing solicitor in Brockenhurst to purchase a flat. I I am fearful of being overcharged and there are lots of Brockenhurst conveyancing organisations to choose from...how do I know which one is best to appoint?
The first thing to do when searching for a Brockenhurst lawyer is listen to references from friends or trusted professionals. Almost everyone has used a conveyancing lawyer at some point. Feel free to make use of our comparison tool for Brockenhurst conveyancing quotes