My partner and I are refinancing our maisonette in Selby with Santander. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults 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 repossessed. I have two concerns (1) Is this document specific to the Santander conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up 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 Santander. This is solely used to protect Santander 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 Santander 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 partner are purchasing a apartment in Selby. It might be a silly question but how we can trust a conveyancer? At some point we have to put our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
A relative pointed out to me me that in buying a property in Selby there may be various restrictions prohibiting external changes to the property. Is this right?
There are anumerous of properties in Selby which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Selby should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Can I be sure that the Selby conveyancing solicitor on the Coventry BS panel is any good?
When it comes to conveyancing in Selby obtaining recommendations is a sensible starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the solicitor conducting your conveyancing.
Will my solicitor be asking questions about flooding during the conveyancing in Selby.
Flooding is a growing risk for lawyers specialising in conveyancing in Selby. Some people will purchase a house in Selby, completely aware that at some time, it may be flooded. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Lawyers are not qualified to impart advice on flood risk, but there are a various checks that can be carried out by the purchaser or on a buyer’s behalf which will give them a better understanding of the risks in Selby. The conventional set of property information forms supplied to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the owner to discover whether the property has suffered from flooding. If the premises has been flooded in past and is not notified by the owner, then a purchaser may issue a legal claim for losses stemming from an incorrect answer. A purchaser’s conveyancers will also carry out an enviro report. This will reveal whether there is a recorded flood risk. If so, more detailed inquiries should be carried out.
Me and my brother purchased a terraced Victorian house in Selby. Conveyancing practitioner acted for me and Nationwide Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold under the exact same address. I thought I was buying a freehold how can I check?
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 Selby and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing solicitor who carried out the work.
Over the last few months I have been searching for a flat up to £305k and identified one close by in Selby I like with open areas and railway links in the vicinity, however it only has 49 years on the lease. I can't really find anything else in Selby suitable, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you need a home loan that many years will likely be a potential deal breaker. Reduce the offer by the expected lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of twenty four months you can ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should speak to your conveyancing solicitor about this matter.
We're first time buyers - agreed a price, yet the estate agent has warned us that the vendor will only proceed if we instruct their recommended lawyers as they are insisting on a ‘quick sale’. We would rather use a high street solicitor used to conveyancing in Selby
We suspect that the seller is not behind this requirement. Should the owner desire ‘a quick sale', turning down a genuine buyer is going to damage their objectives. Speak to the owners direct and explain that (a)you are genuine buyers (b)you are ready to progress, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)however you are going to use your own,trusted Selby conveyancing firm - as opposed tothose that will give the estate agent a commission or meet his conveyancing thresholds pre-set by senior management.