My husband and I are refinancing our penthouse in Ely with Yorkshire BS. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults 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 apartment is repossessed. I have two questions (1) Is this document specific to the Yorkshire BS 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 entitlement 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 Yorkshire BS. This is solely used to protect Yorkshire BS 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 Yorkshire BS 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 7378 less than 75 years remaining on my lease and need a lease extension for my apartment in Ely. Conveyancing solicitors on the Accord Mortgages panel can deal with such extensions right?
Most leasehold conveyancing experts should be able to deal with a lease extension. if you are obtaining a mortgage then your lender may insist that the lease be extended before competition. Accord Mortgages have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 4/4/2025 the requirements read as follows :
How does conveyancing in Ely differ for new build properties?
Most buyers of new build or newly converted property in Ely approach us having been asked by the builder to exchange contracts and commit to the purchase even before the property is built. This is because builders in Ely usually buy 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 conveyancers 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 accustomed to new build conveyancing in Ely or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a house in Ely in advance of retaining lawyers. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some lenders tend not issue a mortgage on this type of property.
It depends who your proposed lender is. HSBC has different requirements for example to Halifax. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Ely. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ely to see if the conveyancing will be more expensive.
I was recommended by three or four local property agents in Ely to select a solicitor using your seach tool. Is there a financial upside for Estate Agents to offer your site over and above a competitor’s?
We refuse to make any referral fee for sending work to this site. We found it would be just too difficult to pay a commission as members of the public would think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
In my capacity as executor for the estate of my aunt I am disposing of a residence in Newport but reside in Ely. My solicitor (who is 200 miles awayhas requested that I execute a stat dec ahead of the transaction finalising. Can you recommend a conveyancing solicitor in Ely to witness and place their company stamp on the document?
strictly speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are Ely based