My fiance and I intend to remortgage our maisonette in Clayton with Aldermore. We have a son 18 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. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the property is forfeited by the lender. I have two concerns (1) Is this document specific to the Aldermore conveyancing panel as he did not need to sign this form when we remortgaged 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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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.
My lender has suggested solicitors on their panel based in Clayton but I would rather choose a conveyancing lawyer in Clayton or nearer to where I live. Are you able to assist?
It is by no means the case that all Clayton conveyancing practitioners are on all banks conveyancing panel. Do make the most of the above search tool to locate a Clayton conveyancing conveyancer on the on the lender panel.
I have been told that property searches are the main cause of delay in Clayton house deals. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the determinations of a review by MoveWithUs that conveyancing searches do not feature within the top 10 causes of hindrances during the legal transfer of property. Searches are not likely to be the root cause of slowing down conveyancing in Clayton.
Are there restrictive covenants that are commonly identified as part of conveyancing in Clayton?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Clayton. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Given that I will soon spend over three hundred thousand on a garden flat in Clayton I would like to talk to a lawyer concerning theconveyancing before giving the go ahead to the firm. Is this something that you can arrange?
We could not agree more - we would be happy to talk to you we do not take any clients on without you speaking to the solicitor due to be conducting your conveyancing in Clayton.There is no ‘factory style conveyancing’ - each client is unique person, not a matter reference. The practices that we put you in touch with believe that the fees you are calculated and presented to you for residential conveyancing in Clayton should be the figure that you end up paying.