My partner and I changing mortgage lender for our maisonette in Kings Heath with Skipton. We have a son approaching twenty who lives with us. Our solicitor requested us to identify 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, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Skipton conveyancing panel as he never had to sign this form when we purchased 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 Skipton. This is solely used to protect Skipton 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 Skipton 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.
It is a dozen years since I purchased my house in Kings Heath. Conveyancing lawyers have recently been instructed on the sale but I can't locate my deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by the lender or they could be in the possession of the lawyers who acted in your purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Most conveyancing in Kings Heath relates to registered property but in the rare situation where your home is not registered it adds to the complexity but is resolvable.
We are purchasing a house and the solicitor has referenced Chancel Repair for which the house could be liable as it falls into the area of such a church. She has mentioned insurance. Is this strictly appropriate for conveyancing in Kings Heath
Unless a prior acquisition of the premises took place after 12 October 2013 you may assume that lawyers delivering conveyancing in Kings Heath to remain recommending a chancel search and or insurance against a claim.
I own a 4 bedroom Victorian house in Kings Heath. Conveyancing lawyer represented me and Accord Mortgages Ltd. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold under the matching address. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Kings Heath and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing solicitor who completed the work.
Is it true that a Kings Heath conveyancing practice got sued by clients for failing to conduct the appropriate conveyancing investigations?
Our attention has not be brought to such a Kings Heath conveyancing matter but it has been reported that, clients acquiring a property elsewhere in England successfully won a case against their conveyancing practitioner due to development permission to erect a wind farm failing to be identified in conveyancing searches.
If you are buying in Kings Heath It is important that your property lawyer conduct all Kings Heath conveyancing searches necessary to ensure you have relevant and current information before acquiring a property.