My husband and I are refinancing our maisonette in Bournemouth with Skipton. 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, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Skipton conveyancing panel as he never had to sign this form when we purchased 3 years ago (2) Does our son by signing this compromise 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 Skipton. This is solely used to protect Skipton 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 Skipton 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.
It is is a decade since I purchased my home in Bournemouth. Conveyancing lawyers have now been instructed on the sale but I can't find the deeds. Will this jeopardise the sale?
You need not be too concerned. First there is a possibility that the deeds will be kept by the mortgage company or they may be archived with the solicitor who handled your purchase. Secondly in most cases the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. The vast majority of conveyancing in Bournemouth relates to registered property but in the rare situation where your property is unregistered it is more of a problem but is not insurmountable.
A friend informed me that in buying a property in Bournemouth there may be various restrictions prohibiting external alterations to the property. Is this right?
There are a number of properties in Bournemouth which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Bournemouth should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
My wife and I are in the throws of viewing apartments in Bournemouth and I am about to put in an offer. Is it best to have a conveyancer on ‘stand by’? I am planning to take a home loan with Principality.
You should start requesting conveyancing estimates from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the selling agent. Given that you are obtaining a mortgage with Principality, make sure you remember to check that your lawyer is on the Principality conveyancing panel.
I am currently in the process of buying my council flat in Bournemouth. I have a mortgage offer with Virgin Money. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Virgin Money, you will need to appoint a solicitor on the Virgin Money conveyancing panel.
Just had an offer accepted on a new build flat in Bournemouth. Conveyancing is daunting 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 questions that you may expect your new-build leasehold conveyancing in Bournemouth
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. Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants. 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.
Due to the advice of my in-laws I had a survey completed on a house in Bournemouth before appointing conveyancers. I have been advised that there is a flying freehold element to the house. The surveyor advised that some mortgage companies will refuse to issue a loan on a flying freehold house.
It varies from the lender to lender. Santander has different instructions from Halifax. If you contact us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Bournemouth. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Bournemouth to see if the conveyancing will be more expensive.
We are first time buyers just having agreed a price on a property in Bournemouth, and are now looking to get solicitors appointed. I have utilised the various rating based websites and the fee estimates are from all across the the UK. Is it necessary to have a Bournemouth conveyancing practitioner local to your potential new home? We are willing to do everything electronically, but I assume at some stage we will need to visit the property lawyer's office to sign contracts?
The conveyancing practitioner does not need to be in Bournemouth, but choosing local means that you have the option to go in if required, for instance, if a signature is immediately necessary. In addition, a Bournemouth solicitor have established relationships with local agents and (if the vendor has chosen a local conveyancing practitioner) with them, which should help smooth the process.