I am searching for value for money conveyancer. Should I go for for a national conveyancer as opposed to a family Evesham conveyancing lawyer?
Established third party relationships is an important consideration when choosing conveyancing lawyers. Evesham law firms often have connections with financial advisers and agents, local authorities, valuers and other law firms meaning the whole process is going to be much smoother for you. Possessing vast intelligence of the local area also helps too.
My partner and I are refinancing our penthouse in Evesham with TSB. We have a son 19 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. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the property is repossessed. I have a couple of questions (1) Is this form unique to the TSB conveyancing panel as he did not need to sign this form when we remortgaged 4 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 TSB. This is solely used to protect TSB 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 TSB 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.
What happens if my lawyer’s firm is expelled from the Skipton Conveyancing panel ahead of completing my conveyancing in Evesham?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what should have been a straight forward, chain free conveyancing. Evesham is the location of the property. Is there any advice you can give?
Flying freeholds in Evesham are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Evesham you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Evesham may ascertain 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 property.
My brother has encouraged me to instruct his conveyancing solicitors in Evesham. Do I follow his guidance?
Much as we are happy to recommend a Evesham conveyancing lawyer the best way to find a conveyancing practitioner is to have feedback from friends or relatives who have used the solicitor that you are considering.