My fiance and I swapping mortgage lender for our penthouse in Clapham and Salph End with Leeds Building Society. 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 lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this document specific to the Leeds Building Society conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this giving up 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 Leeds Building Society. This is solely used to protect Leeds Building Society 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 Leeds Building Society 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.
We just had an offer accepted to purchase with Norwich and Peterborough Building Society. I visited 3 or 4 local firms yet am unable to find a Clapham and Salph End conveyancing firm on the Norwich and Peterborough Building Society approved list. Can you assist?
You should make use of the search tool on this page. Pick the mortgage company and type Clapham and Salph End or your location and you will see a number of lawyer located in Clapham and Salph End or near you.
I am purchasing a house and the solicitor has mentioned Chancel Repair for which the house could be obligated to contribute to given it’s proximity to the area of such a church. He has recommended insurance. Is this strictly warranted for conveyancing in Clapham and Salph End
Unless a previous acquisition of the premises completed post 12 October 2013 you can take it that solicitors carrying out conveyancing in Clapham and Salph End to continue to suggest a chancel search and or insurance against a claim.
I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Clapham and Salph End. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Clapham and Salph End ?
The majority of houses in Clapham and Salph End are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Clapham and Salph End in which case you should be shopping around for a Clapham and Salph End conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.
Leasehold Conveyancing in Clapham and Salph End - Examples of Questions you should ask before buying
How is the lease structured? For most Clapham and Salph End leaseholds the outlay for major works tend not to be included within maintenance charges, although a few managing agents in Clapham and Salph End require leasehold owners to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance.
Can a conveyancer remove someone from the title of my home in Clapham and Salph End ?
Subtracting or adding someone to the title of your house is relatively straightforward. You’ll need to appoint a conveyancer to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a property lawyer