My wife and I intend to remortgage our flat in Tooting Bec with Kent Reliance. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose 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 property is repossessed. I have a couple of concerns (1) Is this document specific to the Kent Reliance conveyancing panel as he did not need to sign this form when we remortgaged 4 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 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.
is it true that all Tooting Bec solicitor practices on the Lloyds conveyancing panel are regulated by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Lloyds approved list of solicitors they would need to be governed by the SRA. Some banks do allow licenced conveyancers on their panel in which case such organisation would be governed by the CLC.
I have today made my last payment due on my mortgage with Skipton. I assume I don't need a Tooting Bec lawyer on the Skipton panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Skipton mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Skipton mortgage from the register. Skipton, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Skipton has sent the Land Registry the discharge electronically, and
- Skipton has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Tooting Bec. I have a mortgage agreed with Nationwide. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Nationwide, you will need to appoint a solicitor on the Nationwide conveyancing panel.
My wife and I are downsizing from our house in Tooting Bec and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. Any local lawyer would know that there is no such problem. For the life of me I don't know why the buyers instructed an internet conveyancing practice rather than a conveyancing solicitor in Tooting Bec. We have lived in Tooting Bec for six years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to get confirmation that the buyers are looking for.
It would appear that you have a conveyancing firm currently acting for you. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
The deeds to our property are lost. The solicitors who conducted the conveyancing in Tooting Bec 4 years ago no longer exist. What do I do?
Assuming the title is registered the information relating to your ownership will be retained by the Land Registry under a Title Number. It is possible to perform a search at the Land Registry, identify your house and secure up to date copies of the property title for less than a fiver. If the property is Leasehold then the Land Registry will usually retain a file copy of the Registered Lease and again, a copy can be obtained for £20 inclusive of VAT.
How does conveyancing in Tooting Bec differ for new build properties?
Most buyers of new build or newly converted property in Tooting Bec come to us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is constructed. This is because builders in Tooting Bec tend to acquire the real estate, 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 property lawyers 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 Tooting Bec or who has acted in the same development.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what should have been a quick, chain free conveyancing. Tooting Bec is where the house is located. What do you suggest?
Flying freeholds in Tooting Bec are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Tooting Bec you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Tooting Bec may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.