My fiance and I are refinancing our penthouse in Hersham with Yorkshire BS. 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, giving up any rights in the event that the apartment is repossessed. I have a couple of questions (1) Is this document specific to the Yorkshire BS conveyancing panel as he never had to sign this form when we purchased 4 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 just acquired a house at auction in Hersham. Conveyancing is necessary. What are my next steps?
Having to in every practical sense signed on the dotted line you will need to find a conveyancing lawyer soon as you now have a pending a fixed date to complete the property. An auction property will have a bespoke auction set of papers. This will include the copy title deeds, local authority and drainage searches. If you have purchased leasehold property the conveyancing papers should contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork specific to leasehold premises. You should hand this to the solicitor working for you at the earliest opportunity. Do make sure that that you have the requisite funding organised to complete on the on the contractual date .
I am currently in the process of buying my council flat in Hersham. I have a mortgage offer with Barclays. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Barclays, you will need to appoint a solicitor on the Barclays conveyancing panel.
About to purchase maisonette in Hersham. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Kent Reliance conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Hersham conveyancer is on the Kent Reliance conveyancing panel.
Me and my brother have a semi-detached Georgian house in Hersham. Conveyancing lawyer represented me and Coventry Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold under the exact same property. Is it worth asking Coventry Building Society to clarify?
You should review 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hersham and other areas of 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 purchasers. You can also enquire as to the position with your conveyancing practitioner who carried out the work.
Due to the input of my in-laws I had a survey completed on a property in Hersham in advance of instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some banks will not grant a loan on this type of home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hersham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hersham to see if the conveyancing costs will increase in light of this.
What does commercial conveyancing in Hersham cover?
Hersham conveyancing for business premises incorporates a wide array of advice, offered by qualified solicitors, relating to business premises. For example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.
I bought a flat in Hersham last 21/2/2024 and to date it is still not recorded with HMLR. It is part of a development site and my conveyancer told me that it can take one year to complete the registration formalities. I have spoken with HMLR directly and they have informed me the original application was cancelled due to questions not being addressed in time. Do I need to be concerned?
It is your solicitor that you must turn to here in order to satisfy any questions which have arisen as part of the registration formalities for your Hersham property. Normal Hersham conveyancing practice includes an undertaking on the part of the seller's property lawyer that they will help resolve any question raised by HMLR so it may be a case of taking action to enforce that undertaking if necessary.