My partner and I are refinancing our flat in Northumberland with Bank of Ireland. We have a son approaching twenty who lives with us. Our solicitor requested us to identify 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, waiving any legal rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this document specific to the Bank of Ireland conveyancing panel as he never had to sign this form when we remortgaged 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 Bank of Ireland 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 Bank of Ireland. This is solely used to protect Bank of Ireland 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 Bank of Ireland 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.
We are planning to acquire a house and need a conveyancing solicitor in Northumberland who is on the RBS solicitor panel. Could you point me in the right direction as regards a solicitor?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for RBS . We don't recommend any particular firms conducting conveyancing in Northumberland.
I am buying a terrace house in Northumberland. We would like to carry out an extension to the side at the property.Will the conveyancing process involve checks to determine if these alterations are allowed?
Your solicitor should check the registered title as conveyancing in Northumberland will occasionally identify restrictions in the title deeds which prevent categories of changes or need the consent of a 3rd party. Some works need local authority planning consent and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these things with a surveyor ahead of any purchase.
We previously instructed solicitors with offices in Northumberland on the RBS solicitor approved list. They have just billed me a separate amount for handling the RBS mortgage. Is this an additional conveyancing fee specified by RBS?
Unfortunately, as long as it is in their Terms of Engagement or estimate then yes your conveyancer is entitled to charge a fee for this. The charge is not dictated by RBS but by your Northumberland solicitor. Some firms on the RBS panel will charge an ‘acting for lender’ fee and others do not.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Northumberland building society branch on numerous occasions and was told it wasn't a problem and they will lend. My Northumberland conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend based on their specific requirements. I simply don't know who is right.
Your conveyancer has to follow the Council of Mortgage Lenders’ Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I require quick conveyancing in Northumberland as I have an ultimatum to exchange contracts within 3 weeks. Thankfully I do not need a mortgage. Is it possible to escape the need for conveyancing searches to save money and time?
If.Given you are are a cash buyer you are at free not to do searches although no law firm would advise that you don't. Drawing on our experience of conveyancing in Northumberland the following are instances of what can show up and adversely impact future mortgageability: Refused Planning Applications, Overdue Charges, Outstanding Grants, Unadopted Roads,...
Are there restrictive covenants that are commonly picked up as part of conveyancing in Northumberland?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Northumberland. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Northumberland differ for new build properties?
Most buyers of new build residence in Northumberland come to us having been asked by the builder to sign contracts and commit to the purchase even before the house is ready to move into. This is because house builders in Northumberland tend to purchase the land, 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 used to new build conveyancing in Northumberland or who has acted in the same development.