My husband and I are refinancing our penthouse in New Romney with Clydesdale. We have a son approaching twenty who lives at home. 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, waiving any legal rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Clydesdale conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) In signing this form is our son in any way compromising his right 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in New Romney?
Two types of professional can conduct conveyancing in New Romney namely CLC regulated conveyancers or solicitors. Both professionals provide the legal services that required to complete the sale or acquisition of property. They are both obliged to conduct New Romney conveyancing on similar standards and guidelines so you may be safe in the knowledge that your conveyancing will be professionally carried out and that the requisite steps should be accurately adhered to.
I am purchasing a property in New Romney. A rare aspect is that the roof has a solar panel. Principality have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Principality your lawyer must follow the formal requirements outlined in Part two of UK Finance Lenders’ Handbook for Principality. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and lawyers are required to report to Principality where a lease fails to meet these provisions. The specifications relate to the installation of panels on properties countrywide and is not limited to New Romney.
I am selling my apartment. I had a double glazing fitted in May 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, UBS are being a right pain. The New Romney solicitor who is on the UBS conveyancing panel is saying indemnity insurance will be fine but UBS are requiring a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that UBS have referred the matter to their valuer. The reason why UBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Will our solicitor be making enquiries concerning flooding as part of the conveyancing in New Romney.
Flooding is a growing risk for lawyers specialising in conveyancing in New Romney. There are those who acquire a house in New Romney, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Conveyancers are not best placed to impart advice on flood risk, however there are a various checks that may be initiated by the purchaser or by their conveyancers which should figure out the risks in New Romney. The standard property information forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the owner to determine whether the property has suffered from flooding. If the property has been flooded in past which is not notified by the vendor, then a purchaser could commence a compensation claim resulting from an misleading answer. The purchaser’s conveyancers may also order an enviro report. This should indicate whether there is any known flood risk. If so, additional investigations will need to be conducted.
How does conveyancing in New Romney differ for newly converted properties?
Most buyers of new build premises in New Romney come to us having been asked by the builder to exchange contracts and commit to the purchase even before the property is constructed. This is because builders in New Romney typically purchase the site, 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 conveyancing solicitors 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 New Romney or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a property in New Romney 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 may refuse to grant a loan on a flying freehold home.
It varies from the lender to lender. Santander has different instructions from Halifax. If you contact us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in New Romney. Conveyancing will be smoother if you use a solicitor in New Romney especially if they are acquainted with such properties in New Romney.
I need to instruct a conveyancing practitioner in New Romney for my home move. Is it possible to check a solicitor's record with the profession’s regulator?
You can review published Solicitor Regulator Association (SRA) decisions resulting from inquisitions started on or after 1 January 2008. Visit Check a solicitor's record. For records about the period before 1 January 2008, or to check a firm's history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The regulator may monitor call for training purposes.