My fiance and I swapping mortgage lender for our flat in Wellesbourne with Bank of Ireland. We have a son approaching twenty who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is repossessed. I have two concerns (1) Is this form unique to the Bank of Ireland conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this extinguish 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.

Can you clarify what the consequences are if my lawyer’s firm is suspended from the Co-operative Solicitor panel ahead of completing my conveyancing in Wellesbourne?

The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.

Due to the advice of my in-laws I had a survey completed on a house in Wellesbourne in advance of appointing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies may not grant a mortgage on this type of home.

It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. Should you wish to call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Wellesbourne. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Wellesbourne to see if the conveyancing will be more expensive.

My step-father has urged me to use his lawyers for conveyancing in Wellesbourne. Do I take his advice?

No doubt the best way to find a conveyancing practitioner is to get feedback from friends or relatives who have previously instructed the conveyancer you're contemplating using.

I've found a house that seems to be perfect, at a great price which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Wellesbourne. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

Most houses in Wellesbourne are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can assist with the conveyancing process. it is apparent that you are purchasing in Wellesbourne in which case you should be looking for a Wellesbourne conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer will advise you fully on all the issues.

Wellesbourne Leasehold Conveyancing - Examples of Questions you should consider before buying

It would be sensible to find out if there is anything that is prohibited in the lease. For instance it is very common in Wellesbourne leases that pets are not permitted in certain buildings in Wellesbourne. If you love the propertyin Wellesbourne yet your dog is not allowed to live with you then you will be presented with a difficult decision. The best form of lease arrangement is a share of the freehold. In this situation the leaseholders enjoy being in charge if their destiny and even though a managing agent is frequently employed if it is larger than a house conversion, the managing agent retained by the leaseholders. How long is the Lease?