My wife and I intend to remortgage our flat in Cookham with Clydesdale. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is repossessed. I have a couple of questions (1) Is this form unique to the Clydesdale conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your Clydesdale conveyancing panel solicitor is doing the right thing 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
As a first time buyer what is the most important piece of guidance you can give me regarding purchase conveyancing in Cookham?
Not many law firms shout this from the rooftops but conveyancing in Cookham and elsewhere in Berkshire is often a confrontational process. Put another way, when it comes to conveyancing there exists lots of opportunity for friction between you and other parties involved in the transaction. For example, the vendor, estate agent and even potentially the bank. Selecting a lawyer for your conveyancing in Cookham an important selection as your conveyancer is your adviser, and is the ONLY person in the process whose responsibility is to look after your legal interests and to keep you safe.
Every so often a potential adversary may attempt to convince you that you should follow their advice. As an example, the selling agent may claim to be helping by claiming that your conveyancer is wrong. Or your mortgage broker may tell you to do take action that is against your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
We are buying a 4 bedroom semi-detached house in Cookham. The intention is to carry out an extension to the side at the house.Will the conveyancing process include enquiries to see if these works are prohibited?
Your property lawyer will review the registered title as conveyancing in Cookham will occasionally reveal restrictions in the title documents which restrict categories of alterations or necessitated the permission of another owner. Many works need local authority planning permissions and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be sensible to check these things with a surveyor before you commit yourself to a purchase.
My solicitor has informed me that defective lease insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Cookham?
The right level of defective lease indemnity insurance should be dictated by who who your lender is. It would differ for example between Accord Mortgages Ltd and Skipton Building Society. Conveyancing lawyers as opposed to members of the public take out such policies.
The formalities of my remortgage has taken place for my property in Cookham. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are resolved very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Cookham?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Cookham. 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…’
My husband and I are one month into a freehold purchase having been referred to conveyancers by the local agent to handle our conveyancing in Cookham. We are not happy. Can you you assist me in finding new conveyancers?
They would have to be very poor to suggest replacing them. Has your mortgage offer been issued? In the event that it has you need to inform them of the new conveyancer and get the mortgage documents are issued to the new lawyers. Your solicitor ideally needs to be on the banks approved list to avoid added expenses and delays. That should be your first question of the new conveyancers. Our search tool will help you find a lender approved conveyancer for your conveyancing in Cookham