My partner and I intend to remortgage our apartment in Canford Cliffs with Nationwide. We have a son 18 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, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Nationwide conveyancing panel as he never had to sign this form when we bought 3 years ago (2) Does our son by signing this extinguish his rights 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 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 up to date is your search tool for Canford Cliffs conveyancing solicitors on the UBS conveyancing panel? Do UBS send you an updated list?
Canford Cliffs conveyancing firms themselves provide us confirmation that they are on the UBS conveyancing panel as opposed to being supplied with a list from UBS directly.
My property lawyer in Canford Cliffs has never been on on the Accord Mortgages Ltd Solicitor Panel. Is it possible for me to retain my family solicitor notwithstanding that they are excluded from the Accord Mortgages Ltd panel of approved conveyancing solicitors?
The limited options open to you here include:
- Complete the purchase with your existing Canford Cliffs lawyers but Accord Mortgages Ltd will need to instruct a lawyer on their list of acceptable firms. This will inevitably rack up the overall conveyancing charges and result in delays.
- Find a new practitioner to act in the conveyancing, not forgetting to check they are on the Accord Mortgages Ltd panel
Are there restrictive covenants that are commonly picked up as part of conveyancing in Canford Cliffs?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Canford Cliffs. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a simple, chain free conveyancing. Canford Cliffs is the location of the property. Can you offer any opinion?
Flying freeholds in Canford Cliffs are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Canford Cliffs you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Canford Cliffs may determine 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.