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Find a Bosham Conveyancing Solictior on Your Lender’s Panel

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

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Recently asked questions about conveyancing in Bosham

My partner and I swapping mortgage lender for our maisonette in Bosham with Clydesdale. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Clydesdale conveyancing panel as he never had to sign this form when we remortgaged 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.

What will a local search inform me concerning the property we're buying in Bosham?

Bosham conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search organisations for example Searches UK The local search plays an important role in most Bosham conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your new home. The search should provide data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic sections.

About to purchase a new build flat in Bosham. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Bosham

    The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants.

I've recently found out that there is a flying freehold element on a property I have offered on last month in what should have been a quick, no chain conveyancing. Bosham is the location of the property. What do you suggest?

Flying freeholds in Bosham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bosham you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bosham 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 premises.

I happen to be an executor of my recently deceased mum’s Will, with a bungalow in Bosham which will be marketed. The property is unregistered at the Land Registry and I'm advised that some purchasers will insist that it is done before they will proceed. What's the mechanism for this?

In the circumstances you refer to it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.

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