My wife and I are refinancing our maisonette in Canterbury with Lloyds. We have a son 19 who lives at home. Our solicitor requested us to identify anyone over the age of 17 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 apartment is forfeited by the lender. I have two questions (1) Is this form unique to the Lloyds conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Lloyds 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 Lloyds. This is solely used to protect Lloyds 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 Lloyds 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 see that you have a search directory listing firms on the Co-operative conveyancing panel. Do firms pay you a commission if I retain them for our conveyancing in Canterbury?
We are a listing service only for law firms wishing to communicate if they are on the Co-operative conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Canterbury.
I have recentlybeen informed that Stirling Law have closed. They conducted my conveyancing in Canterbury for a purchase of a leasehold flat 18 months ago. How can I establish that the property is registered correctly in the name of the former proprietor?
The easiest method to check if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Canterbury conveyancing specialists.
Due to the guidance of my in-laws I had a survey completed on a house in Canterbury prior to retaining conveyancers. I have been informed that there is a flying freehold overhang to the property. The surveyor advised that some lenders may refuse to grant a loan on a flying freehold home.
It depends who your proposed lender is. Santander has different requirements for example to Halifax. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Canterbury. Conveyancing may be slightly more expensive based on your lender's requirements.
I need to instruct a conveyancing solicitor for some conveyancing in Canterbury. I've stumble upon a web site which appears to be the perfect offering If it is possible to get all the legals done via phone that would be ideal. Should I be wary? What should out be looking out for?
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?
I have just appointed agents to market my 2 bed flat in Canterbury. Conveyancing lawyers have not yet been instructed, but I have just received a half-yearly service charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should clear the service charge as usual because all ground rent and maintenance charges will be apportioned on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Leasehold Conveyancing in Canterbury - Examples of Queries Prior to buying
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Is there a share of the freehold? Its a good idea to find out as much as you can about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the upkeep of the communal areas. Don't be afraid to ask prospective neighbours what they think of their management. On a final note, investigate as to the dates that the maintenance charges are due to the appropriate party and precisely what it includes. Does the lease include onerous restrictions?