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Recently asked questions about conveyancing in Caversham

My husband and I are refinancing our flat in Caversham with Santander. We have a son 18 who lives with us. Our solicitor requested us to identify 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, waiving any legal rights in the event that the apartment is repossessed. I have a couple of questions (1) Is this document specific to the Santander conveyancing panel as he never had to sign this form when we bought 5 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 Santander. This is solely used to protect Santander 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 Santander 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 purchased a freehold property in Caversham but still invoiced for rent, why is this and what is this?

It is rare for properties in Caversham and has limited impact for conveyancing in Caversham but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.

Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.

Do the Building Society Association intend to launch a searchable register to to identify practices on the Coventry BS conveyancing panel for example in Caversham?

We have not been informed any plans on the part of the BSA to develop such a tool.

I am downsizing from our home in Caversham and according to the buyers it appears that there is a possibility that the property was constructed land that was not decontaminated. A high street Caversham conveyancer would know that there is no such problem. It does beg the question why the purchasers used an online conveyancing outfit rather than a conveyancing solicitor in Caversham. Having lived in Caversham for many years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to get clarification that the buyers are looking for.

It sounds as though you may have a conveyancing solicitor already. Are they able to advise? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)

Planning to complete next month on a leasehold property in Caversham. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Caversham should include some of the following:

    Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? Advice as to the provision in the lease to pay service charges - in respect of the block, and the more general rights a tenant has What options are available to the landlord where you are in breach of your lease terms? It needs to be made clear to you if the lease permits you to change or upgrade aspects of the property- you must be made aware as to whether any restrictions relates to all alterations or just structural alteration, and whether permission is required What you can do if another tenant in the building breaches a clause of their lease?
For a comprehensive list of information to be contained in your report on your leasehold property in Caversham please ask your solicitor in advance of your conveyancing in Caversham.

Leasehold Conveyancing in Caversham - A selection of Queries Prior to buying

    Does the lease contain onerous restrictions? On the whole the cost for major works tend not to be built into the service charges, albeit that a few managing agents in Caversham ask leasehold owners to contribute towards a sinking fund and this is used to offset against major works. Please inform me if there are any major works in the near future that will likely increase the maintenance costs?

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