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Find a Wadhurst Conveyancing Solictior on Your Lender’s Panel

Ready to buy a new home in Wadhurst? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Wadhurst conveyancing at risk of delay or failure.

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Recently asked questions about conveyancing in Wadhurst

My wife and I are refinancing our apartment in Wadhurst with Bank of Ireland. We have a son 18 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the Bank of Ireland conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) Does our son by signing this giving up his entitlement 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 Bank of Ireland. This is solely used to protect Bank of Ireland 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 Bank of Ireland 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 aunt passed away 10 months ago and as sole heir and executor I was left the property in Wadhurst. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to UBS, pay off the mortgage. Is this allowed?

Where you plan to refinance then UBS will insist on your using a conveyancer on the UBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your UBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the UBS mortgage is registered as a charge at the Land Registry.

How does conveyancing in Wadhurst differ for newly converted properties?

Most buyers of new build or newly converted property in Wadhurst come to us having been asked by the developer to sign contracts and commit to the purchase even before the premises is finished. This is because builders in Wadhurst usually buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Wadhurst or who has acted in the same development.

Due to the input of my in-laws I had a survey completed on a property in Wadhurst before instructing conveyancers. I have been told that there is a flying freehold element to the house. The surveyor has said that some lenders tend not grant a loan on this type of home.

It depends who your proposed lender is. Lloyds has different requirements for example to Nationwide. If you contact us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Wadhurst. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Wadhurst to see if the conveyancing will be more expensive.

My brother has recommend that I instruct his lawyers for conveyancing in Wadhurst. Do I take his recommendation?

There are no two ways about it it’s preferable to find a conveyancing lawyer is to get guidance from friends or family who have actually used the solicitor that you are are thinking of instructing.

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Find out more about how flying freehold can affect your the value of a property.