My wife and I are refinancing our flat in Sychdyn with Nationwide. We have a son 19 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two questions (1) Is this form unique to the Nationwide conveyancing panel as he never had to sign this form when we bought 4 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 Nationwide 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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.
How does conveyancing in Sychdyn differ for new build properties?
Most buyers of new build property in Sychdyn approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is built. This is because new home sellers in Sychdyn usually buy 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 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 Sychdyn or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a quick, chain free conveyancing. Sychdyn is where the house is located. Can you shed any light on this issue?
Flying freeholds in Sychdyn are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Sychdyn you must be sure that your lawyer goes 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 Sychdyn may decide 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 residence.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £150,000 maisonette in Sychdyn next Monday. The management company has quoted £336 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Sychdyn?
Sychdyn conveyancing on leasehold apartments normally involves fees being raised by freeholders :
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Answering pre-contract questions
Where consent is required before sale in Sychdyn
Supplying insurance information
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Sychdyn - Sample of Queries before Purchasing
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Many Sychdyn leasehold properties will be liable to pay a service charge for maintenance of the building invoiced by the landlord. Should you purchase the apartment you will have to pay this charge, normally quarterly during the year. This could be anything from a few hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a ground rent to be met yearly, ordinarily this is not a significant sum, say around £25-£75 but you need to enquire it because on occasion it could be many hundreds of pounds. In the main the outlay for major works tend not to be included within service charges, albeit that a few managing agents in Sychdyn obliged leasehold owners to contribute towards a reserve fund and this is used to offset against larger works. It would be sensible to discover as much as you can concerning the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to every day issues like the upkeep of the common parts. You should not be shy to ask prospective neighbours whether they are happy with their management. On a final note, be sure you understand the dates that the service fees are due to the managing agents and specifically how they are spending that money.
What type of conveyancing services do Sychdyn conveyancing solicitors offer?
For the most part Sychdyn conveyancing firms will supply a number of legal advice to home and land proprietors, sellers, first time buyers, freeholders and leaseholders helping outwith some of the following:
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Property sale conveyancing in Sychdyn and beyond
Domestic purchase conveyancing in Sychdyn and further afield
Staircasing (purchasing additional shares in your home) Assisting leaseholder clients buy the freehold reversion (enfranchisement) or extend their leases and landlord clients to deal with enfranchisement claims Council Home Right-to-Buy Scheme Advising squatters about their rights to lawfully acquire property by way of adverse possession