My fiance and I intend to remortgage our maisonette in Derby with HSBC. We have a son 18 who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the HSBC conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this extinguish his rights 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.
I have just over seventy years remaining on my lease and require a lease extension for my apartment in Derby. Conveyancing solicitors on the Chelsea Building Society panel can deal with such extensions correct?
Most leasehold conveyancing experts should be able to deal with a lease extension. if you are securing a mortgage then your lender may insist that the lease be extended before competition. Chelsea Building Society have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 28/5/2025 the requirements read as follows :
Are there restrictive covenants that are commonly picked up as part of conveyancing in Derby?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Derby. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Derby differ for newly converted properties?
Most buyers of new build residence in Derby come to us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because new home sellers in Derby usually acquire 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 used to new build conveyancing in Derby or who has acted in the same development.
How easy is it to transfer to a new solicitor as I need to select one who is on the Chelsea Building Society conveyancing panel. I instructed a family conveyancing solicitor in Derby five minutes from me but she is not approved by Chelsea Building Society
It would be our pleasure to help you select a conveyancing solicitor in Derby on the Chelsea Building Society panel. Please note that the law firms that we list do not pay us a referral fee if you instruct them and are authorised and regulated by the SRA who oversee all conveyancing solicitors in Derby. In making use of search facility on this website, you can contrast fees for conveyancing solicitors in Derby and throughout England and Wales.
I have been sourcing a conveyancing solicitor in Derby for my home move. Can I check a solicitor's complaints history with the legal regulator?
One may review published Solicitor Regulator Association (SRA) determinations arising from investigations started on or after 1 January 2008. Go to Check a solicitor's record. For information Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, use +44 (0)121 329 6800. The regulator could monitor telephone calls for training requirements.