My fiance and I changing mortgage lender for our flat in Chester le Street with Yorkshire BS. We have a son 19 who lives at home. Our solicitor has asked us to disclose 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, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Yorkshire BS 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?
First, rest assured that your Yorkshire BS 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 Yorkshire BS. This is solely used to protect Yorkshire BS 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 Yorkshire BS 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 downsizing from our home in Chester le Street and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. Any local conveyancer would know that there is no such problem. It does beg the question why the purchasers instructed a nationwide conveyancing outfit rather than a conveyancing solicitor in Chester le Street. We have lived in Chester le Street for six years we know of no issue. Do we contact our local Authority to get clarification need.
It would appear that you have a conveyancing firm already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
I have recentlybecome aware that Wolstenholmes have closed. They conducted my conveyancing in Chester le Street for a purchase of a freehold house 12 months ago. How can I check that the property is not still registered in the name of the previous owner?
The quickest method to check if the property is registered to you, you can carry out 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 Chester le Street conveyancing specialists.
I am purchasing my first flat in Chester le Street with a loan from Yorkshire Building Society. The builders would not move on the price so I negotiated £7000 of additionals instead. The property agent told me not disclose to my conveyancer about the extras as it will put at risk my loan with Yorkshire Building Society. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I only have 62 years unexpired on my lease in Chester le Street. I am keen to extend my lease but my freeholder is missing. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the landlord. On the whole an enquiry agent may be helpful to carry out a search and prepare an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court covering Chester le Street.
Leasehold Conveyancing in Chester le Street - A selection of Questions you should ask before buying
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Is there a share of the freehold? What restrictions are contained in the Chester le Street Lease? Who are the managing agents?
I am hoping to acquire a repression property in Chester le Street and the bank selling would like to complete inside a week. Can a property lawyer meet that timeframe? Would it be better to instruct a high street Chester le Street firm or an online organisation that professes to offer speedy conveyancing?
Attend your Chester le Street shopping parade. Go in to 3 firms and ask to see a conveyancing solicitor for a quote. Discuss your requirements and seek assurances on deadlines. Choose the one that comes across as most trustworthy. Make sure to use a conveyancing practitioner on the panel of property lawyers approved by your bank.