My partner and I changing mortgage lender for our penthouse in Longridge with Kent Reliance. We have a son 19 who lives at home. Our solicitor requested us to identify 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 forfeited by the lender. I have two concerns (1) Is this form unique to the Kent Reliance conveyancing panel as he never had to sign this form when we bought 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 Kent Reliance. This is solely used to protect Kent Reliance 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 Kent Reliance 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.
My property lawyer in Longridge is not listed on the The Royal Bank of Scotland Solicitor Panel. Is it possible for me to continue with my family solicitor even though they are not on the The Royal Bank of Scotland panel of approved conveyancing solicitors?
The limited options open to you here include:
- Carry on with your existing Longridge lawyers but The Royal Bank of Scotland will need to instruct a conveyancer on their panel. This will inevitably rack up the total conveyancing charges and result in delays.
- Get a new lawyer to act in the purchase, remembering to check they are Convince your lawyer to use their best endeavours to join the The Royal Bank of Scotland conveyancing panel
I have todayfound out that Action Conveyancing have closed. They conducted my conveyancing in Longridge for a purchase of a leasehold apartment 9 months ago. How can I check that the property is registered correctly in the name of the previous owner?
The quickest way to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Longridge conveyancing specialists.
Due to the advice of my in-laws I had a survey completed on a property in Longridge before instructing solicitors. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some banks will not grant a mortgage on a flying freehold house.
It depends who your proposed lender is. Santander has different requirements from Birmingham Midshires. If you call us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Longridge. Conveyancing will be smoother if you use a solicitor in Longridge especially if they regularly deal with such properties in Longridge.
Is planning permission necessary to change a house into multiple flats in Longridge? This has been done to a property adjacent to my home in Longridge and was ignorant of the conversion until it was complete.
Planning Consent yes. Building Regulations yes.