My partner and I swapping mortgage lender for our apartment in Harlesden with Nottingham. We have a son 19 who lives at home. Our solicitor requested us to identify any adults 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 property is forfeited by the lender. I have two questions (1) Is this form unique to the Nottingham conveyancing panel as he did not need to sign this form when we purchased 5 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 Nottingham. This is solely used to protect Nottingham 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 Nottingham 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 am purchasing a new build flat in Harlesden. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Harlesden you will have to appoint a solicitor on your lender's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Harlesden.
We are buying a detached bungalow in Harlesden. The intention is to an extension at the rear at the house.Will legal due diligence on the property involve enquiries to ascertain if these works are prohibited?
Your conveyancer should review the deeds as conveyancing in Harlesden will sometimes reveal restrictions in the title deeds which prevent categories of works or need the permission of another owner. Some additions require local authority planning consent and approval in accordance building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these things with a surveyor prior to committing yourself to a purchase.
My lawyer has informed me that breach of easement insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Harlesden?
The appropriate level of breach of easement indemnity insurance depends on your lender. It would differ for example between Halifax and Norwich and Peterborough Building Society. Conveyancing lawyers as opposed to borrowers take out such insurances.
I have today made my last payment due on my mortgage with Barclays. I assume I don't need a Harlesden property lawyer on the Barclays panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
The deeds to my home can not be found. The lawyers who handled the conveyancing in Harlesden 4 years ago have long since closed. What do I do?
In today’s world there are copies made of almost everything, and your conveyancer should be aware exactly where to look for all the appropriate paperwork so you can buy or dispose of your property without any difficulty. Where duplicates are not available, your conveyancer may be able to put in place insurance or indemnities protecting you against possible claims on the premises.
Due to the advice of my in-laws I had a survey completed on a house in Harlesden prior to appointing conveyancers. I have been informed that there is a flying freehold element to the house. Our surveyor has said that some banks may not give a loan on this type of home.
It depends who your proposed lender is. Lloyds has different requirements from Halifax. Should you wish to call us we can investigate further via 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 Harlesden. Conveyancing may be slightly more expensive based on your lender's requirements.
My wife and I purchased a leasehold house in Harlesden. Conveyancing and Aldermore mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Harlesden who acted for me is not around. Any advice?
The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Harlesden conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am the proprietor of a first floor flat in Harlesden. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the premium due for a lease extension?
Absolutely. We can put you in touch with a Harlesden conveyancing firm who can help.
An example of a Lease Extension case for a Harlesden property is First Floor Flat 2B Fortune Gate Road in May 2013. the tribunal decided that the price payable for the lease extension was £9,331, together with £900 in respect of outstanding ground rent. This case related to 1 flat. The number of years remaining on the existing lease(s) was 74.31 years.