My wife and I are refinancing our maisonette in Craven Arms with Nationwide. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose 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 questions (1) Is this document specific to the Nationwide 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?
First, rest assured that your Nationwide conveyancing panel solicitor is doing the right thing 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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.
Should our solicitor be making enquiries concerning flooding during the conveyancing in Craven Arms.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Craven Arms. Some people will purchase a house in Craven Arms, completely aware that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to give advice on flood risk, but there are a numerous checks that may be initiated by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Craven Arms. The standard property information forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to find out if the premises has historically flooded. If the premises has been flooded in past which is not notified by the seller, then a purchaser could commence a legal claim for losses resulting from an inaccurate answer. The purchaser’s conveyancers will also order an environmental report. This should reveal whether there is any known flood risk. If so, additional inquiries should be carried out.
I am buying a new build apartment in Craven Arms. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Craven Arms
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
As co-executor for the will of my uncle I am selling a property in Swansea but live in Craven Arms. My solicitor (based 250 miles awayneeds me to sign a statutory declaration ahead of the transaction finalising. Could you suggest a conveyancing lawyer in Craven Arms who can attest this legal document for me?
strictly speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will do regardless of whether they are Craven Arms based
Are there frequently found defects that you witness in leases for Craven Arms properties?
There is nothing unique about leasehold conveyancing in Craven Arms. Most leases are individual and drafting errors can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:
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A duty to insure the building
A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Leeds Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.
I inherited a ground floor flat in Craven Arms, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Similar flats in Craven Arms with a long lease are worth £216,000. The ground rent is £50 invoiced every year. The lease ceases on 21st October 2093
With only 69 years remaining on your lease the likely cost is going to span between £9,500 and £11,000 as well as legals.
The figure above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.