My fiance and I swapping mortgage lender for our flat in Barnes Cray with . We have a son approaching twenty who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have two concerns (1) Is this document specific to the conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this compromise his entitlement 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 . This is solely used to protect 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 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.

Should my lawyer be making enquiries regarding flooding as part of the conveyancing in Barnes Cray.

Flooding is a growing risk for lawyers dealing with homes in Barnes Cray. There are those who purchase a house in Barnes Cray, fully aware that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not qualified to offer advice on flood risk, however there are a various checks that may be undertaken by the purchaser or on a buyer’s behalf which will figure out the risks in Barnes Cray. The standard property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to discover if the property has suffered from flooding. If flooding has previously occurred which is not notified by the seller, then a buyer could issue a legal claim for losses as a result of such an misleading reply. The purchaser’s solicitors may also carry out an enviro search. This should higlight if there is any known flood risk. If so, more detailed inquiries should be conducted.

I used Arc property Solicitors several years ago for my conveyancing in Barnes Cray. I now require my file however the law firm is no longer operating. What do I do?

Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Barnes Cray of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

About to purchase a new build flat in Barnes Cray. Conveyancing is necessary evil 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 conveyancing.

Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Barnes Cray

Please supply evidence that the form of Lease proposed has been approved by the Land Registry. There must be mutual enforceability of lessee’s covenants. 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 unoccupied units in good repair until long leases are granted therefore. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

My lawyers in Barnes Cray have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with the bank. Is it case that being on the lender conveyancing panel they need to have retained the file for a number of years?

Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the mortgage company Conveyancing Panel Terms. It might be worth you contacting the bank directly.