My partner and I swapping mortgage lender for our apartment in Barkingside with Skipton. We have a son 18 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 property is repossessed. I have two concerns (1) Is this document specific to the Skipton conveyancing panel as he never had 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 Skipton. This is solely used to protect Skipton 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 Skipton 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.

I have a renovated Edwardian house in Barkingside. Conveyancing lawyer acted for me and Clydesdale. I did a free Land Registry search last week and I saw two entries: the first freehold, another for leasehold under the matching property. Is it worth asking Clydesdale to clarify?

You should review 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 Barkingside and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing practitioner who conducted the purchase.

Just had an offer accepted on a new build flat in Barkingside. 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 questions that you can expect your new-build leasehold conveyancing in Barkingside

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. Please supply a car parking plan. 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I opted to have a survey done on a property in Barkingside before appointing solicitors. I have been informed that there is a flying freehold element to the house. My surveyor has said that some banks will not give a loan on a flying freehold home.

It varies from the lender to lender. Santander has different requirements from Nationwide. Should you wish to telephone us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Barkingside. Conveyancing may be slightly more expensive based on your lender's requirements.

I bought a flat in Barkingside last 24/5/2024 and to date it is still not registered with HM Land Registry. It was part of a new estate and my lawyer told me that it may take over a year to complete the registration formalities. I have contacted HMLR directly and they have informed me the initial application was cancelled due to questions not being addressed in time. What can I do?

Call your lawyer - Where you are unsatisfied with the responses, find out about their firm’s complaints procedure and escalate your concerns to a Complaints Manager. Registrations for Barkingside conveyancing are not known to be significantly delayed.