My partner and I are refinancing our flat in Walmley with Barclays. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Barclays conveyancing panel as he never had to sign this form when we bought 4 years ago (2) Does our son by signing this extinguish his rights 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 Barclays. This is solely used to protect Barclays 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 Barclays 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.
I understand that there are debates on Chancel Insurance on online forums. Am I compelled to have this when purchasing a house in Walmley? or Apparently there is a law dating back centuries that could mean that house owners living in a parish church boundary may be liable to pay for maintenance towards the chancel in proximity to the church. Is this suitable for conveyancing in Walmley?
Unless a prior acquisition of the property completed after 12 October 2013 you can take it that lawyers carrying out conveyancing in Walmley to continue to recommend a chancel search and or chancel repair liability insurance.
It has been three months following my purchase conveyancing in Walmley concluded. I have checked the Land Registry site which shows that I paid £175,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Having checked my lease I have discovered that there are only 72 years left on my flat in Walmley. I now wish to extend my lease but my freeholder is absent. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the lessor. In some cases a specialist may be helpful to try and locate and to produce a report to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Walmley.
Leasehold Conveyancing in Walmley - A selection of Queries before buying
In the main the cost for major works tend not to be incorporated into the service charges, although some managing agents in Walmley require leasehold owners to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance. Is anyone aware of any major works on the horizon that will increase the service charges?
We are soon to acquiring a apartment in Walmley. Conveyancing is not over but we would like have our transaction price confidential from the likes of Nestoria. Is this possible and how?
The Land Registry as a matter of law required to disclose price sold information on the official title for residential properties nationwide including properties in Walmley. The register of title is an open document, so the Land Registry would be breaching their statutory obligations if they failed to grant access to the register.
You can make a request of the Land Registry to withhold the price paid entry but the answer would be a No.