My partner and I changing mortgage lender for our flat in Elmers End with RBS. We have a son 18 who lives with us. 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, giving up any rights in the event that the apartment is repossessed. I have two questions (1) Is this document specific to the RBS conveyancing panel as he never had to sign this form when we purchased 3 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 RBS. This is solely used to protect RBS 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 RBS 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 had intended to instruct a property lawyer in Elmers End for our home move. Our broker has since notified us that our mortgage company Nottingham Building Society won't deal with them. Surely this is unduly restrictive?
Lenders on the whole restrict either the type or the amount of conveyancing practices on their member panel. Typical examples of such restriction(s) being that a law practice must have two or more partners. In addition to restricting the profile of firm, some have decided to limit the amount of solicitor practices they allow to act for them. Be aware that Nottingham Building Society have no responsibility for the quality of advice provided by any member of Nottingham Building Society Conveyancer Panel. Mortgage fraud was a primary driver in the rationalisation of conveyancing panels since 2008 even though there are differing views regarding the level of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that plenty of law firms, including some in or near Elmers End only carry out a couple conveyances a year.
Will commercial conveyancing searches reveal planned roadworks that could impact a commercial land in Elmers End?
Its becoming the norm that commercial conveyancing solicitors in Elmers End will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Elmers End. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Elmers End.
For every commercial conveyancing transaction in Elmers End it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately could result in delays to Elmers End commercial conveyancing transactions as well as present a risk to future plans for the site. These searches are not conducted for residential conveyancing in Elmers End.
Despite weeks of looking the Title Certificate and documents to my home can not be found. The lawyers who handled the conveyancing in Elmers End 5 years ago are no longer around. What are my options?
These day there are duplicates made of almost everything, and your conveyancer will be aware exactly where to find all the suitable paperwork so you can purchase or dispose of your property without any difficulty. If duplicates are not available, your lawyer may be able to arrange cover in the form of insurance or indemnities against possible claims on the premises.
In my capacity as executor for the will of my uncle I am selling a house in Cardiff but I am based in Elmers End. My lawyer (who is 200 kilometers awayrequires that I execute a stat dec before the transaction finalising. Can you recommend a conveyancing lawyer in Elmers End to witness this legal document for me?
strictly speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are Elmers End based
What advice can you give us when it comes to appointing a Elmers End conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Elmers End conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Elmers End conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be useful:
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If the firm is not ALEP accredited then why not? What are the costs for lease extension conveyancing?
I have had difficulty in trying to reach an agreement for a lease extension in Elmers End. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to assess the price.
An example of a Lease Extension matter before the tribunal for a Elmers End property is Flats 55, 67 & 70 Melbourne Court Anerley Road in July 2013. The tribunal calculated that the premium for the extended lease at £48,366.00 for at 55, and £88,329.00 for ats 67 and 70 combined. This case related to 1 flat. The remaining number of years on the lease was 26.38 years.