My wife and I are refinancing our maisonette in Port Talbot with Nottingham. We have a son 19 who lives at home. Our solicitor requested us to identify any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have a couple of concerns (1) Is this document specific to the Nottingham conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) Does our son by signing this compromise 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 Nottingham. This is solely used to protect Nottingham 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 Nottingham 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.
It is 10 years ago since I bought my house in Port Talbot. Conveyancing lawyers have now been instructed on the sale but I am unable to track down my title documents. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a possibility that the deeds will be with your mortgage company or they may be in the possession of the conveyancers who handled your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Port Talbot relates to registered property but in the unlikely event that your property is not registered it is more of a problem but is resolvable.
I require fast conveyancing in Port Talbot as I am under a deadline to complete in less than 4 weeks. Luckily I do not require a mortgage. Is it possible to avoid the conveyancing searches to save fees and time?
If.Given you are are a mortgage free buyer you are at liberty not to do searches although no lawyer would recommend that you don't. With lots of history conveyancing in Port Talbot the following are examples of what can arise and adversely impact the marketability of the property: Enforcement Notices, Overdue Charges, Outstanding Grants, Road Schemes,...
I opted to have a survey completed on a house in Port Talbot prior to appointing solicitors. I have been informed that there is a flying freehold element to the house. The surveyor has said that some mortgage companies may refuse to issue a loan on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. Should you wish to telephone us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Port Talbot. Conveyancing may be slightly more expensive based on your lender's requirements.
Are there frequently found problems that you see in leases for Port Talbot properties?
Leasehold conveyancing in Port Talbot is not unique. All leases are individual and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:
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Maintenance charge proportions which don’t add up to the correct percentage
You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Norwich and Peterborough Building Society, and Alliance & Leicester 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 does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.
I inherited a ground floor flat in Port Talbot, conveyancing formalities finalised in 2010. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding flats in Port Talbot with over 90 years remaining are worth £185,000. The average or mid-range amount of ground rent is £65 invoiced annually. The lease finishes on 21st October 2085
You have 60 years remaining on your lease we estimate the price of your lease extension to span between £20,000 and £23,000 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.