My partner and I swapping mortgage lender for our penthouse in Cleator with UBS. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two questions (1) Is this form unique to the UBS conveyancing panel as he did not need to sign this form when we purchased 3 years ago (2) In signing this form is our son in any way compromising his right 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.
I own a freehold property in Cleator yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Cleator and has limited impact for conveyancing in Cleator but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
We are selling our home in Cleator and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Cleator lawyer would know this is not the case. For the life of me I don't know why the purchasers instructed an internet conveyancing outfit rather than a conveyancing solicitor in Cleator. We have lived in Cleator for six years we know that this is a non issue. Should we contact our local Authority to get confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor already. Are they able to advise? You must 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 illness)
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Cleator is where the house is located. Can you offer any opinion?
Flying freeholds in Cleator are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Cleator you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cleator may determine 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.
Is it possible to transfer to a new firm as I have to retain a firm on the Barclays conveyancing list. I hired a local conveyancing solicitor in Cleator five minutes from me but the firm is not accepted by Barclays
It would be our pleasure to help you find a conveyancing solicitor in Cleator on the Barclays panel. Please note that the property lawyers that we on the directory do not pay us commission if you instruct them and are authorised and regulated by the Solicitors Regulation Authority who regulate all conveyancing solicitors in Cleator. In making use of the find a conveyancing solicitor tool on this website, you can compare and instruct different solicitors and conveyancers both nationally and in Cleator.
Can you offer any advice when it comes to choosing a Cleator conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Cleator conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Cleator conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be of use:
-
How familiar is the practice with lease extension legislation? What volume of lease extensions has the firm completed in Cleator in the last 12 months?
I bought a garden flat in Cleator, conveyancing was carried out November 2011. How much will my lease extension cost? Comparable properties in Cleator with over 90 years remaining are worth £176,000. The average or mid-range amount of ground rent is £50 levied per year. The lease runs out on 21st October 2106
With only 80 years left to run we estimate the premium for your lease extension to range between £8,600 and £9,800 plus costs.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before seeking the advice of a professional.