My partner and I are refinancing our maisonette in Bitterne with Aldermore. We have a son 18 who lives with us. Our solicitor has asked us to disclose 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 flat is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Aldermore conveyancing panel as he did not need to sign this form when we purchased 4 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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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 own a freehold property in Bitterne yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Bitterne and has limited impact for conveyancing in Bitterne but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
I am purchasing a property and need a conveyancing solicitor in Bitterne who is on the Godiva Mortgages Ltd approved. Can you recommend a local firm?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Godiva Mortgages Ltd in certain locations such as Bitterne. We dont recommend any particular firm.
Should my conveyancer be asking questions concerning flooding during the conveyancing in Bitterne.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Bitterne. Plenty of people will purchase a property in Bitterne, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, however there are a various searches that can be undertaken by the purchaser or by their solicitors which should give them a better appreciation of the risks in Bitterne. The standard completed inquiry forms sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to discover if the property has historically flooded. In the event that the property has been flooded in past and is not disclosed by the owner, then a purchaser may issue a legal claim for losses as a result of such an inaccurate response. The purchaser’s lawyers may also conduct an environmental search. This will higlight whether there is any known flood risk. If so, more detailed investigations should be initiated.
The estate agent has sent us the confirmation of our purchase of a new build flat in Bitterne. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Bitterne
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan.
I need to appoint a conveyancing solicitor for leasehold conveyancing in Bitterne. I happened to chance upon a web site which seems to have the ideal offering If it is possible to get all formalities done via email that would be ideal. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?