My fiance and I are refinancing our flat in Eden Park with Co-operative. 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. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have two questions (1) Is this document specific to the Co-operative conveyancing panel as he never had to sign this form when we bought 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.
As a novice what is the most important piece of guidance you can give me concerning purchase conveyancing in Eden Park?
You may not hear this from too many lawyers but conveyancing in Eden Park and elsewhere in England and Wales is an adversarial experience. In other words, when it comes to conveyancing there is plenty of room for friction between you and other parties involved in the ownership transfer. For example, the seller, estate agent and sometimes the lender. Choosing a law firm for your conveyancing in Eden Park an important selection as your conveyancer is your adviser, and is the SOLE person in the legal process whose responsibility is to act in your legal interests and to protect you.
Sometimes a third party with a vested interest may try and sway you that it is in your interests to do things their way. As an example, the property agent may claim to be helping by suggesting your conveyancer is dragging his heels. Or your mortgage broker may advise you to do take action that is contrary to your lawyers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I have todaydiscovered that Arc property Solicitors have closed. They carried out my conveyancing in Eden Park for a purchase of a freehold house 10 months ago. How can I establish that my home is in my name in the name of the former proprietor?
The easiest way to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Eden Park conveyancing specialists.
My husband and I are FTB’s - had an offer accepted, yet the selling agent informed us that the owners will only issue a contract if we instruct the agent's recommended lawyers as they need an ‘expedited deal’. We would rather use a family solicitor accustomed to conveyancing in Eden Park
We suspect that the owner is unaware of this demand. If they desire ‘a quick sale', turning down a serious buyer is counter productive. Try to communicate with the owners directly and explain that (a)you are genuine buyers (b)you are ready to go, with mortgage lined up © you are chain free (d) you wish to move quickly (e)however you intend to instruct your own,trusted Eden Park conveyancing solicitors - rather thanthe ones that will give their negotiator at the agency a commission or hit his conveyancing thresholds set by senior management.
There are only Sixty One years left on my lease in Eden Park. I need to extend my lease but my freeholder is absent. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the landlord. In some cases an enquiry agent should be helpful to try and locate and prepare a report to be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Eden Park.
After years of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Eden Park. Can we issue an application to the Residential Property Tribunal Service?
if there is a absentee landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to determine the price payable.
An example of a Freehold Enfranchisement case for a Eden Park premises is 26 Manor Road in July 2010. the Tribunal decided that price to be paid for the freehold was £12,420 This case related to 2 flats. The unexpired residue of the current lease was 76.75 and 88.83.