My fiance and I intend to remortgage our apartment in Adwick le Street with HSBC. We have a son 19 who lives at home. Our solicitor has asked us to disclose 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, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the HSBC conveyancing panel as he did not need to sign this form when we purchased 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 HSBC 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.

It is 10 years ago since I purchased my home in Adwick le Street. Conveyancing solicitors have just been appointed on the sale but I can't track down the title deeds. Is this a problem?

You need not be too concerned. Firstly there is a chance that the deeds will be retained by the lender or they could be archived with the conveyancers who acted in your purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring current official copies of the land registers. Nearly all conveyancing in Adwick le Street involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.

I am buying a new build apartment in Adwick le Street. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Adwick le Street

There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please confirm the Lease plans are surveyor prepared. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

I decided to have a survey carried out on a house in Adwick le Street before instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some lenders may not issue a loan on this type of property.

It varies from the lender to lender. Lloyds has different requirements for example to Halifax. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Adwick le Street. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Adwick le Street to see if the conveyancing costs will increase in light of this.

What can I do to discover who is the owner of a house in Adwick le Street?

Assuming that the property is registered with the Land Registry, and you have enough details of the location of the premises, you should be able to view results from the the Land Registry of the recorded proprietor for a for less than a fiver.