My partner and I swapping mortgage lender for our apartment in Hale with Kent Reliance. We have a son 19 who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document 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 form unique to the Kent Reliance conveyancing panel as he never had to sign this form when we bought 4 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 Kent Reliance. This is solely used to protect Kent Reliance 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 Kent Reliance 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.
Me and my brother purchased a 4 bedroom Victorian property in Hale. Conveyancing lawyer represented me and Platform Home Loans Ltd. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold under the matching address. Is it worth asking Platform Home Loans Ltd to clarify?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hale and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with your conveyancing practitioner who conducted the work.
I opted to have a survey done on a house in Hale ahead of retaining conveyancers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders may refuse to grant a mortgage on such a property.
It depends who your proposed lender is. Santander has different requirements from Nationwide. Should you wish to call us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Hale. Conveyancing may be slightly more expensive based on your lender's requirements.
My cousin has recommend that I instruct his conveyancers in Hale. Should I choose my own property lawyer?
There are no two ways about it the best way to select a conveyancing practitioner is to have guidance from friends or family who have actually used the solicitor you're are thinking of instructing.
I have just started marketing my garden apartment in Hale. Conveyancing solicitors are to be appointed soon, however I have just received a quarterly service charge demand – Do I pay up?
The sensible thing to do is discharge the service charge as you normally would as all rents and maintenance charges should be apportioned on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Hale Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
-
The answer will be helpful as a) areas could result in problems for the building as the common areas may begin to deteriorate where maintenance remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to have full disclosure Be sure to enquire if the the lease includes any adverse restrictions in the lease. By way of example it is reasonably common in Hale leases that pets are not permitted in in a block in Hale. If you love the flatin Hale but your dog can’t make the move with you then you will be presented with a hard compromise. Is the freehold reversion owned collectively by the leaseholders?
What tools are available to search for a Hale conveyancing solicitor on the mortgage company conveyancing panel? I have a car and am prepared to travel up to 25miles to meet the solicitor.
Feel free to make use of the find a conveyancing panel search on this website. Please choose the lender and your location, in this case Hale and you will see a number of lawyer located nearest Hale. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the bank solicitor panel.