My partner and I intend to remortgage our maisonette in Bodelwyddan with UBS. We have a son 19 who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is forfeited by the lender. I have two questions (1) Is this document specific to the UBS conveyancing panel as he never had to sign this form when we bought 3 years ago (2) Does our son by signing this giving up his rights 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 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.
Will commercial conveyancing searches reveal impending roadworks that could affect a commercial premises in Bodelwyddan?
Many commercial conveyancing solicitors in Bodelwyddan will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in researching accurate data on highways that impact buildings and development assets in Bodelwyddan. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Bodelwyddan.
For every commercial conveyancing transaction in Bodelwyddan it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately can result in delays to Bodelwyddan commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not conducted for domestic conveyancing in Bodelwyddan.
I am buying a new build flat in Bodelwyddan. Conveyancing is necessary evil 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 are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Bodelwyddan
-
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. There must be mutual enforceability of lessee’s covenants.
How does the Landlord & Tenant Act 1954 impact my commercial offices in Bodelwyddan and how can your lawyers assist?
The particular law that you refer to gives a safeguard to commercial lessees, granting the dueness to apply to court for a renewal tenancy and continue in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Bodelwyddan
What advice can you give us when it comes to appointing a Bodelwyddan conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Bodelwyddan conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggest that you talk with two or three firms including non Bodelwyddan conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be useful:
-
How familiar is the practice with lease extension legislation?
Bodelwyddan Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
-
The answer will be helpful as a) areas could result in problems for the block as the common areas may begin to deteriorate where maintenance remain unpaid b) if the tenants have an issue with the managing agents you will want to have all the details What prohibitions exist in the Bodelwyddan Lease? The best form of lease structure is where the freehold interest is in the ownership of the leaseholders. In this scenario the lessees enjoy being in charge if their destiny and although a managing agent is often employed where it is bigger than a house conversion, the managing agent retained by the leaseholders.
I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Bodelwyddan. Conveyancing solicitors have are about to be appointed. Will they explain the issues?
The majority of houses in Bodelwyddan are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Bodelwyddan so you should seriously consider shopping around for a Bodelwyddan conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor will appraise you on the various issues.