My wife and I swapping mortgage lender for our apartment in Campden Hill with RBS. We have a son 19 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. Our lawyer has now e-mailed a document 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 form unique to the RBS conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) Does our son by signing this compromise his rights to inherit the property?
First, rest assured that your RBS conveyancing panel solicitor is doing the right thing 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 RBS. This is solely used to protect RBS 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 RBS 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.
We are buying a flat and require a conveyancing solicitor in Campden Hill who is on the Yorkshire BS approved panel. Can you recommend a local conveyancing firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Yorkshire BS . We don't recommend any particular firms conducting conveyancing in Campden Hill.
Is it necessary during the course of the conveyancing process to visit the offices of the solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in Campden Hill so that I can attend their offices if required.
Whereas this was necessary 12 years ago, almost all mortgage companies no longer oblige their conveyancing panel solicitor to witness the mortgagors signature. You will still be obliged to provide identification documents and there are still distinct advantages to instructing a locally based ayer, in your situation a conveyancing solicitor in Campden Hill.
My wife and I own a semi-detached Georgian property in Campden Hill. Conveyancing practitioner acted for me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, another for leasehold under the exact same address. Is it worth asking Bank of Ireland to clarify?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Campden Hill and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with your conveyancing solicitor who conducted the purchase.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a simple, chain free conveyancing. Campden Hill is the location of the property. Can you offer any advice?
Flying freeholds in Campden Hill are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Campden Hill you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Campden Hill may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Taking into account that I am about to part with hundreds of thousands of pounds on 3 bedroom house in Campden Hill I wish to have a conversation with the conveyancer regarding theconveyancing prior to instructing the firm. Is this something that you can arrange?
Absolutely - it is our preference to talk to you we do not take any clients on without you speaking to the lawyer who will be carrying out your property ownership legalities in Campden Hill.There is no ‘factory style conveyancing’ - every client is an important person, not a case reference. The solicitors that we put you in touch with believe that the figure you are quoted for residential conveyancing in Campden Hill should be the amount on the final invoice that you are charged.