My wife and I changing mortgage lender for our flat in Arkley with Co-operative. 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. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is repossessed. I have a couple of questions (1) Is this document specific to the Co-operative 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?
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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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.
This question may be naive but I am new to the house moving as a first time purchaser of a ground floor flat in Arkley. Do I pick up the keys to the house on the completion date from my lawyer? If so, I will appoint a local conveyancing solicitor in Arkley?
On the day of completion you will not be required to attend the conveyancers office in Arkley. Your solicitors will arrange to send the purchase money to the seller's lawyers, and once they have received this, you should be able to pick up the keys from the property Agents and move into your new home. Usually this occurs between 1 and 3pm.
We are buying a detached bungalow in Arkley. Our aim is to an extension at the rear at the house.Will the conveyancing process include checks to see if these alterations are allowed?
Your conveyancer will check the deeds as conveyancing in Arkley will on occasion reveal restrictions in the title documents which prohibit categories of changes or require the consent of a 3rd party. Certain extensions need local authority planning consent and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be prudent to check these issues with a surveyor before you commit yourself to a purchase.
is it true that all Arkley solicitors on the Clydesdale conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Clydesdale approved list of solicitors they would need to be overseen by the SRA. Many banks do permit licenced conveyancers on their panel and in such a situation the practice would be overseen by the Council of Licensed Conveyancers.
I require fast conveyancing in Arkley as I am under pressure to complete within 3 weeks. A mortgage is not required. Can I decline from having conveyancing searches to save money and time?
As you are not obtaining a home loan you have the choice not to do searches although no conveyancer would suggest that you don't. With plenty of history conveyancing in Arkley the following are instances of issues that can show up and therefore affect future mortgageability: Enforcement Actions, Outstanding Charges, Outstanding Grants, Road Schemes,...
About to purchase a new build apartment in Arkley. Conveyancing is daunting 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.
Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Arkley
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision.
What are your top tips when it comes to finding a Arkley conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Arkley conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Arkley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be helpful:
Can they put you in touch with clients in Arkley who can give a testimonial? What are the costs for lease extension conveyancing?
I am the leaseholder of a first floor flat in Arkley. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?
in cases where there is a missing landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to arrive at the price.
An example of a Lease Extension case for a Arkley flat is Ground Floor Maisonette 17 Milton Road in January 2014. The Tribunal determined the premium payable by the Applicant to the should be £13,299 This case related to 1 flat. The unexpired term as at the valuation date was 71.73 years.
Can I determine who is the owner of a house in Arkley?
Provided the premises is recorded at HMLR, and you have enough details of the location of the property, you should be able to obtain details from the the Land Registry of the registered proprietor for a fee.