I can't travel far from Downton. Can you please explain the reason why all Downton are not on all lender panels?
Even though it may seem unfair for lenders to restrict who can act for them, from the public’s or lawyer’s standpoint, the flip side is that banks are increasingly anxious and consider it essential to shield themselves from illegal activities. As a result of this concern mortgage companies are limiting their conveyancing panel to a manageable size.
My fiance and I changing mortgage lender for our penthouse in Downton with . We have a son 18 who lives with us. Our solicitor requested us to identify any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have two questions (1) Is this form unique to the conveyancing panel as he never had to sign this form when we remortgaged 4 years ago (2) Does our son by signing this extinguish his rights 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 . This is solely used to protect 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 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 in the process of refinancing my property in Downton, does my lawyer need to be on the Conveyancing panel?
In theory, you could use a solicitor that is not on the conveyancing panel, but would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
I am assisting my sister sell her property in Downton. Will the solicitor arrange the EPC or should I organise this?
Following the demise of HIPs, energy performance certificates was kept a required component of selling a house. An EPC should be to hand prior to the property being marketed. It is not a task that lawyers normally arrange. If you are instructing a Downton conveyancing solicitor they may help arrange energy assessments due to their relationships with long established Downton providers
I am purchasing a detached bungalow in Downton. Our aim is to convert the garage to a playroom at the house.Will legal conveyancing on the property include enquiries to ascertain if these works are permitted?
Your property lawyer should check the deeds as conveyancing in Downton will occasionally reveal restrictions in the title deeds which restrict categories of changes or require the permission of another owner. Many additions call for local authority planning consent and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be wise to check these things with a surveyor ahead of any purchase.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Downton solicitor - who is on the conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
will need an independent valuation of the property. Your lawyer will not arrange this. Usually will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Downton postcode. As you are getting a mortgage with , you could contact them to see if they have a list of approved surveyors in Downton.
What can a local search inform me about the house I am purchasing in Downton?
Downton conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search organisations for example Searchflow The local search plays an important role in many a Downton conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your property. The search should reveal information on, amongst other things, details on planning applications applicable 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 thirteen subject headings.