My husband and I are refinancing our maisonette in Balby with RBS. We have a son 18 who lives at home. Our solicitor requested us to identify 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, waiving any legal rights in the event that the property is repossessed. I have a couple of concerns (1) Is this form unique to the RBS conveyancing panel as he never had to sign this form when we bought 5 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 RBS. This is solely used to protect RBS 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 RBS 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 uncle passed away six months ago and as sole heir and executor I was left the property in Balby. The house had a relatively small loan left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this allowed?

Given you plan to re-mortgage then Bank of Ireland will insist on your using a conveyancer on the Bank of Ireland 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 Bank of Ireland 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 Bank of Ireland mortgage is registered as a charge at the Land Registry.

Due to the encouragement of my in-laws I had a survey completed on a property in Balby ahead of appointing lawyers. I have been advised that there is a flying freehold element to the house. Our surveyor has said that some mortgage companies tend not issue a mortgage on a flying freehold house.

It depends who your proposed lender is. HSBC has different instructions for example to Birmingham Midshires. Should you wish to call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Balby. Conveyancing will be smoother if you use a solicitor in Balby especially if they are acquainted with such properties in Balby.

We are one month into a leasehold purchase having been recommend to solicitors by the high street agent to carry out the conveyancing in Balby. I am am starting to be disappointed with the level of service. Could you help me find new conveyancers?

A solicitor would have to be very bad in order to consider changing them. Has your mortgage been sent? In the event that it has you need to inform them of the replacement solicitor and get the offer are re-sent. The conveyancer needs to be on the mortgage company approved list to avoid added costs and frustration. That should be your starting point. The find a solicitor tool should assist you in finding a lender approved lawyer for your home move in Balby

Do you have any advice for leasehold conveyancing in Balby with the intention of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Balby can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the purchasers’ representatives.
You believe that you know the number of years left on your lease but it would be wise to double-check by asking your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is below 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. Some Balby leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors. The majority of landlords or Management Companies in Balby charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Balby.

Leasehold Conveyancing in Balby - Sample of Queries Prior to Purchasing

How long is the Lease? This information is useful as a) areas may cause problems for the building as the communal areas may start to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will want to know about it