My partner and I are refinancing our penthouse in Thornbury with UBS. We have a son approaching twenty who lives with us. 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 questions (1) Is this document specific to the UBS conveyancing panel as he never had to sign this form when we bought 4 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 UBS 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 UBS. This is solely used to protect UBS 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 UBS 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 am expecting a OIP from Nottingham this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Nottingham recommend any Thornbury solicitors on the Nottingham conveyancing panel, or is it better to go independently?
You will need to appoint Thornbury solicitors independently although you'll need to choose one on the Nottingham conveyancing panel. The solicitor represents both you and Nottingham through the process.
I had an offer accepted on a property in Thornbury on 31/12/2024, valuation was booked five days later, received a clean bill of health. Property lawyer retained, so the only thing outstanding was my mortgage offer. Having made daily calls to TSB and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the TSB conveyancing panel. Are TSB entitled to hold back the Mortgage pending the lawyer being on the approved list?
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for TSB to deal with your lawyer's application to be on the TSB conveyancing panel. There's no guarantee that your solicitor will be accepted.
After what seems like an age I have had an offer on an apartment in Thornbury accepted, the owners do however have a tied purchase. The owners have offered on a property, however it’s not yet tied up, and are looking at other apartments in the pipeline. I have selected a local conveyancing solicitor in Thornbury. What should be my next step? At what stage should I apply for the mortgage with HSBC?
It is understandable to have concerns where there is a chain as you are unlikely to want to incur costs prematurely (home loan application is approx one thousand pounds, then valuation, Thornbury conveyancing search fees, etc). The first course of action is to ensure that your conveyancing practitioner is on the HSBC conveyancing panel. As to the subsequent steps this very much dictated by the uniqueness of your transaction, attraction to this property and on the state of the market. In a rising market some home buyers would apply for the mortgage with HSBC and pay for the valuation and only if it was satisfactory would they ask their property lawyer to proceed with searches.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a simple, chain free conveyancing. Thornbury is the location of the property. Can you shed any light on this issue?
Flying freeholds in Thornbury are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Thornbury you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Thornbury 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.
In my capacity as executor for the will of my uncle I am disposing of a house in Monmouth but I am based in Thornbury. My lawyer (who is 300 miles awayhas requested that I execute a stat dec prior to completion. Could you suggest a conveyancing solicitor in Thornbury who can attest this legal document for me?
strictly speaking you should not need to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are located in Thornbury
There are only Seventy years remaining on my flat in Thornbury. I am keen to extend my lease but my freeholder is missing. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the freeholder. In some cases a specialist may be useful to carry out a search and prepare an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Thornbury.
Thornbury Leasehold Conveyancing - A selection of Questions you should ask before buying
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Make sure you discover if there is anything that is prohibited in the lease. For example it is fairly common in Thornbury leases that pets are not permitted in in a block in Thornbury. If you like the propertyin Thornbury however your dog can’t live with you then you will be presented with a difficult decision. Who takes responsibility for maintaining and repairing the block? What is the annual service fee and ground rent?