My fiance and I swapping mortgage lender for our flat in Greenfield with UBS. We have a son 18 who lives with us. Our solicitor requested us to identify any adults 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 repossessed. I have two concerns (1) Is this form unique to the UBS conveyancing panel as he did not need to sign this form when we purchased 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your UBS 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 UBS. This is solely used to protect UBS 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 UBS 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.
My aunt passed away six months ago and as sole heir and executor I was left the house in Greenfield. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this possible?
Given you plan to refinance then Santander will insist on your using a conveyancer on the Santander conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Santander conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Santander mortgage is registered as a charge at the Land Registry.
Will our solicitor be raising enquiries about flooding as part of the conveyancing in Greenfield.
Flooding is a growing risk for conveyancers specialising in conveyancing in Greenfield. There are those who acquire a property in Greenfield, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a numerous searches that can be initiated by the buyer or by their conveyancers which should figure out the risks in Greenfield. The conventional set of property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard inquiry of the seller to find out whether the property has suffered from flooding. If flooding has previously occurred which is not disclosed by the seller, then a buyer may bring a legal claim for losses as a result of such an incorrect response. The purchaser’s lawyers should also carry out an enviro search. This should higlight whether there is any known flood risk. If so, more detailed investigations will need to be carried out.
I am buying a new build flat in Greenfield. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Greenfield
-
Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please confirm the Lease plans are architect prepared.
Due to the guidance of my in-laws I had a survey completed on a property in Greenfield ahead of retaining lawyers. I have been advised that there is a flying freehold overhang to the house. The surveyor has said that some mortgage companies tend not issue a mortgage on such a house.
It depends who your proposed lender is. Santander has different instructions from Halifax. If you contact 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 Greenfield. Conveyancing may be slightly more expensive based on your lender's requirements.
If all goes to plan we aim to complete our sale of a £200,000 apartment in Greenfield next Thursday. The management company has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Greenfield?
For most leasehold sales in Greenfield conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
-
Addressing pre-contract enquiries
Where consent is required before sale in Greenfield
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Greenfield Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
-
It would be wise to find out if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being allowed in in a block in Greenfield. If you love the propertyin Greenfield yet your dog can’t live with you then you will be presented with a difficult choice. Generally speaking the cost for major works are not wrapped into the service charges, albeit that a few managing agents in Greenfield require tenants to pay into a sinking fund and this is used to offset against major repairs or maintenance. Is the freehold owned jointly by the tenants?