My husband and I intend to remortgage our penthouse in Otford with Principality. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 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 apartment is repossessed. I have a couple of concerns (1) Is this document specific to the Principality conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) Does our son by signing this compromise his entitlement to inherit the property?

First, rest assured that your Principality 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 Principality. This is solely used to protect Principality 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 Principality 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.

If you had a top tip for choosing a conveyancing solicitor in Otford what would it be?

We would encourage you not to go for the lowest Otford conveyancing costs illustration. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.

I am helping my mother sell her house in Otford. Does the conveyancer arrange the energy assessment or do I organise this?

After the demise of HIPs, energy performance certificates was retained a mandatory element of selling a property. An EPC must be to hand before the property is advertised. It is not a task that solicitors ordinarily organise. If you are using a Otford conveyancing lawyer they might be willing to arrange energy assessments due to their relationships with reputable Otford assessors

When it comes to mortgage companies such as Principality, do Otford solicitors have to pay a yearly amount to be on the conveyancing panel?

We are not aware of any mortgage company fees to be on their panel, although some do charge an administration fee to deal with the processing of the conveyancing panel application.

I am buying a new build flat in Otford. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Otford

Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.

I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a quick, chain free conveyancing. Otford is the location of the property. Can you offer any assistance?

Flying freeholds in Otford are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Otford you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Otford may ascertain 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 premises.

Is it best to go with a Otford conveyancing practitioner in close proximity to the house I am buying? I have an old university friend who can deal with the legal work but they are based over three hundred kilometers away.

The benefit of a high street Otford conveyancing firm is that you can drop in to sign paperwork, hand in your ID and apply pressure on them where appropriate. They will also have local intelligence which is a benefit. That being said it's more important to get someone that will do a good and efficient job. If you know people who instructed your friend and they were impressed that must trump using an unfamiliar Otford conveyancing lawyer just because they are Otford based.