My fiance and I swapping mortgage lender for our penthouse in Mapperley with Co-operative. We have a son approaching twenty who lives with us. 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 repossessed. I have a couple of questions (1) Is this document specific to the Co-operative 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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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.
It is is a decade since I purchased my home in Mapperley. Conveyancing solicitors have just been instructed on the sale but I am unable to track down the deeds. Is this a problem?
You need not be too concerned. Firstly there is a chance that the deeds will be with your lender or they could be archived with the lawyers who handled the purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Most conveyancing in Mapperley relates to registered property but in the rare situation where your property is unregistered it is more tricky but is resolvable.
What is the best way to find out if the solicitor conducting my conveyancing in Mapperley is on the mortgage lender’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for Norwich and Peterborough Building Society thus paying £175.00 in supplemental legal charges.
You should make use of the search tool on this page. Pick the lender and type ‘Mapperley’ or your preferred area and you will see a number of lawyer based in Mapperley or near you.
What does a local search tell me regarding the property I am buying in Mapperley?
Mapperley conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search company for example PSG The local search plays an important part in many a Mapperley conveyancing purchase; that is if you don’t want any nasty surprises after you move into your property. The search should reveal information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject sections.
I used Wolstenholmes a few years past for my conveyancing in Mapperley. I now require my file however cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Mapperley of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
What are your top tips when it comes to choosing a Mapperley conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Mapperley conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Mapperley conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be helpful:
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What are the costs for lease extension work? How experienced is the practice with lease extension legislation?
Mapperley Leasehold Conveyancing - Sample of Questions you should ask before buying
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Are any of leasehold owners in dispute over their service charge liability? How is the lease structured? It is important to be aware whether changing the roof or some other significant cost is anticipated that will be shared amongst the leaseholders and could well dramatically impact the level of the maintenance charges or result in a specific payment.