My wife and I are refinancing our penthouse in Dorchester with Santander. We have a son approaching twenty who lives with us. 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, waiving any legal rights in the event that the property is repossessed. I have two questions (1) Is this form unique to the Santander conveyancing panel as he never had to sign this form when we bought 4 years ago (2) Does our son by signing this compromise 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 Santander. This is solely used to protect Santander 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 Santander 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 have a decision in principle. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to appoint their panel conveyancer as I would much rather instruct a Dorchester based conveyancing firm?

You should check but the chances are that give you one of their panel conveyancers should you take up the "fee-free" offer. Speak to the mortgage company and see if they allow a cash alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards your preferred conveyancing solicitor near Dorchester.

How does conveyancing in Dorchester differ for newly converted properties?

Most buyers of new build premises in Dorchester come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is built. This is because house builders in Dorchester tend to buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Dorchester or who has acted in the same development.

My uncle has encouraged me to instruct his conveyancers in Dorchester. Do I take his advice?

No doubt the best way to choose a conveyancing practitioner is to get recommendations from friends or family who have actually used the solicitor you're contemplating using.

What makes a Dorchester lease unacceptable for security purposes?

There is nothing unique about leasehold conveyancing in Dorchester. All leases are unique and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

A duty to insure the building

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Norwich and Peterborough Building Society, and Nottingham Building Society all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

Dorchester Conveyancing for Leasehold Flats - Sample of Queries before buying

Is there a share of the freehold? It would be a good idea to enquire if there is anything that is prohibited in the lease. By way of example it is very common in Dorchester leases that pets are not permitted in certain buildings in Dorchester. If you like the propertyin Dorchester however your dog is not allowed to make the move with you then you will be faced difficult decision. What restrictions exist in the Dorchester Lease?