My husband and I intend to remortgage our penthouse in Eel Pie Island with Clydesdale. 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, waiving any legal rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Clydesdale conveyancing panel as he did not need to sign this form when we remortgaged 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
Despite weeks of looking the Title Certificate and documents to our property are lost. The lawyers who conducted the conveyancing in Eel Pie Island 10 years ago are no longer around. What are my options?
Gone are the days when you need to have the physical original deeds to establish that you are the registered proprietor of land or premises, given that the Land Registry hold details of all registered land or property electronically.
Due to the encouragement of my in-laws I had a survey completed on a house in Eel Pie Island in advance of instructing solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some mortgage companies will refuse to issue a loan on this type of home.
It varies from the lender to lender. Lloyds has different requirements from Birmingham Midshires. If you call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Eel Pie Island. Conveyancing will be smoother if you use a solicitor in Eel Pie Island especially if they are accustomed to such properties in Eel Pie Island.
I need to retain a conveyancing solicitor for freehold conveyancing in Eel Pie Island. I've discover a web site which seems to have the perfect answer If there is a chance to get all the legals completed via email that would be preferable. Should I be wary? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
My husband and I may need to let out our Eel Pie Island garden flat for a while due to taking a sabbatical. We instructed a Eel Pie Island conveyancing practice in 2003 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
A lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Eel Pie Island do not contain strict prohibition on subletting – such a provision would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
Following months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Eel Pie Island. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We can put you in touch with a Eel Pie Island conveyancing firm who can help.
An example of a Lease Extension decision for a Eel Pie Island property is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case related to 1 flat. The remaining number of years on the lease was 60.45 years.
We are FTB’s just having agreed a price on a property in Eel Pie Island, and are now looking to get solicitors lined up. I have utilised the numerous comparison tools and the results are from all across the country. Is it important to have a Eel Pie Island property lawyer local to the prospective new home? We are willing to do all the communicating over the internet, but I assume at some point we will be required to physically go into the conveyancer's office to sign contracts?
The property lawyer does not need to be in Eel Pie Island, but opting for local means that you have the option to attend their offices if needed, by way of example, if a signature is immediately necessary. Also, a Eel Pie Island solicitor have established relationships with local agents and (if the vendor has instructed a local lawyer) with them, which will help smooth the process.