My wife and I intend to remortgage our maisonette in Luton with TSB. We have a son 19 who lives with us. Our solicitor requested us to identify 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, giving up any rights in the event that the flat is repossessed. I have two questions (1) Is this form unique to the TSB conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your TSB 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 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.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Luton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Luton. 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…’
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Luton is where the house is located. Can you offer any opinion?
Flying freeholds in Luton are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Luton you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Luton may determine 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.
Is it possible to transfer to a new firm as I have to choose one who is on the Nottingham Building Society conveyancing list. I had appointed a family conveyancing solicitor in Luton round the corner but he is not approved by Nottingham Building Society
It would be our pleasure to help you find a conveyancing solicitor in Luton on the Nottingham Building Society panel. Please note that the conveyancers that we work with do not pay us commission if you instruct them and are fully regulated by the SRA who oversee all conveyancing solicitors in Luton. Using search facility on this website, you can contrast charges for conveyancing solicitors in Luton and beyond.
We are one month into a residential purchase having been recommend to a firm by the selling agent to do our conveyancing in Luton. We are not happy. Can you you assist me in finding new lawyers?
A conveyancer would need to be very bad in order to consider changing them. Has the mortgage been sent? In the event that it has you need to make them aware of the replacement solicitor and have the loan are re-issued. Your new conveyancer needs to be on the lenders panel to avoid supplemental fees and delays. So that should be your starting point. Our search tool can help you find a bank approved solicitor for your conveyancing in Luton