My husband and I changing mortgage lender for our maisonette in Emerson Park with Santander. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two questions (1) Is this form unique to the Santander conveyancing panel as he never had to sign this form when we purchased 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?

First, rest assured that your Santander conveyancing panel solicitor is doing the right thing 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 Santander. This is solely used to protect Santander 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 Santander 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.

Do I find a Licenced Conveyancer or Solicitor for conveyancing in Emerson Park?

There are many registered licenced Conveyancers in Emerson Park and Solicitor practices in Emerson Park who provide Conveyancing services It is important to make clear that both are regulated professionals specialising in the legal aspects of transferring property. The two can deal with associated property related work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.

We are getting the release of further monies on our mortgage from Lloyds as we want to conduct alterations to our house in Emerson Park. Are we obliged to appoint a high street Emerson Park solicitor on the Lloyds conveyancing panel to deal with the legals?

Lloyds do not ordinarily require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Lloyds list.

After months of negotiation I have agreed a price on a house in Emerson Park. My financial adviser recommended their conveyancers. I paid an upfront payment of £150. A couple of days later, the solicitor contacted me embarrassingly acknowledging that they were not on the Co-operative conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Co-operative panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

I have been on the look out for a ground for flat up to £245,000 and identified one close by in Emerson Park I like with amenity areas and station nearby, however it's only got 49 years unexpired on the lease. I can't really find anything else in Emerson Park in this price bracket, so just wondered if I would be making a mistake acquiring a lease with such few years left?

Should you need a home loan the shortness of the lease will likely be problematic. Reduce the offer by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for at least twenty four months you may ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should speak to your conveyancing lawyer regarding this matter.

Is it best to choose a Emerson Park conveyancing practitioner in close proximity to the house I am purchasing? I have an old university friend who can deal with the legal work however his firm is located a couple of hundredkilometers drive away.

The primary upside of using a high street Emerson Park conveyancing firm is that you can drop in to execute paperwork, deliver your ID and pester them if necessary. Having local Emerson Park know how is a bonus. That being said nothing is more important than finding someone that will do a good and efficient job. If you know people who instructed your friend and they were content that should trump using an unknown Emerson Park conveyancing solicitor just because they are local.

Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in Emerson Park. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Most definitely. We are happy to put you in touch with a Emerson Park conveyancing firm who can help.

An example of a Lease Extension decision for a Emerson Park property is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The unexpired term was 57.5 years.

Are there common deficiencies that you encounter in leases for Emerson Park properties?

There is nothing unique about leasehold conveyancing in Emerson Park. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

Insurance obligations Repairing obligations to or maintain parts of the building

You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Chelsea Building Society, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.