My fiance and I are refinancing our flat in Bishopston with Clydesdale. We have a son 19 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 forfeited by the lender. I have a couple of questions (1) Is this form unique to the Clydesdale conveyancing panel as he did not need to sign this form when we remortgaged 3 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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 selling my house in Bishopston. Will the property lawyer need to be required to be on the Kent Reliance conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the Kent Reliance conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their conditions fairly frequently in recent years.
We are buying a end of terrace house in Bishopston. The intention is to carry out an extension to the side at the house.Will the conveyancing process involve enquiries to ascertain if these alterations are permitted?
Your conveyancer should check the registered title as conveyancing in Bishopston will sometimes identify restrictions in the title deeds which prevent certain alterations or need the permission of another owner. Many additions call for local authority planning permissions and approval in accordance building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be sensible to check these things with a surveyor ahead of any purchase.
Last month we had a mortgage agreed in principle with Clydesdale. Bishopston conveyancing solicitors were selected. What is the average time that one could expect to receive a mortgage offer from Clydesdale?
There is no definitive answer here. Have Clydesdale done the valuation? Have you informed Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
After weeks of negotiation I have agreed a price on an apartment in Bishopston. My financial adviser recommended their conveyancers. I paid an upfront payment of £225. Soon after, the conveyancer called me embarrassingly acknowledging that they were not on the TSB conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the TSB panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
What does a local search reveal concerning the house my wife and I purchasing in Bishopston?
Bishopston conveyancing often starts with the applying for local authority searches directly from your local Authority or via a personal search company for example PSG The local search is essential in every Bishopston conveyancing purchase; that is if you don’t want any nasty surprises after you move into your new home. The search will reveal information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
Despite weeks of looking the Title Certificate and documents to our house are lost. The lawyers who did the conveyancing in Bishopston 10 years ago no longer exist. What do I do?
Assuming you have a registered title the details of your ownership will be documented by HMLR with a Title Number. It is easy to perform a search at the Land Registry, find your property and get current copies of the property title for a small fee. If the property is Leasehold then the Land Registry will in most cases retain a file copy of the Registered Lease and again, a copy can be obtained for a small fee.
How does conveyancing in Bishopston differ for new build properties?
Most buyers of new build residence in Bishopston come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the residence is completed. This is because developers in Bishopston tend to buy the real estate, 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 accustomed to new build conveyancing in Bishopston or who has acted in the same development.