My husband and I intend to remortgage our maisonette in Gomersal with Santander. We have a son 19 who lives at home. Our solicitor requested us to identify 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 property is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Santander conveyancing panel as he never had to sign this form when we bought 4 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 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.

I own a freehold house in Gomersal yet invoiced for rent, why is this and what is this?

It’s unusual for properties in Gomersal and has limited impact for conveyancing in Gomersal but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

We just had an offer accepted to purchase with Norwich and Peterborough Building Society. I went into 3 or 4 high street companies yet am unable to find a Gomersal conveyancing firm on the Norwich and Peterborough Building Society approved list. Please you help?

Please do take advantage of the find a conveyancing panel solicitor tool on this site. Please choose the building society and type Gomersal or your location and you will discover numerous solicitors offices in Gomersal or nearest you.

Will my conveyancer be making enquiries about flooding as part of the conveyancing in Gomersal.

Flooding is a growing risk for solicitors dealing with homes in Gomersal. There are those who buy a property in Gomersal, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not qualified to offer advice on flood risk, however there are a number of searches that may be initiated by the buyer or by their lawyers which will give them a better understanding of the risks in Gomersal. The standard information sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to determine if the property has suffered from flooding. In the event that the property has been flooded in past which is not revealed by the seller, then a purchaser could issue a claim for damages stemming from an inaccurate reply. The purchaser’s conveyancers will also conduct an enviro report. This will disclose if there is any known flood risk. If so, additional inquiries should be initiated.

Having had my offer accepted I require leasehold conveyancing in Gomersal. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Gomersal - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Leasehold Conveyancing in Gomersal - Sample of Queries before Purchasing

Does the lease contain onerous restrictions? Is anyone aware of any major works on the horizon that will increase the maintenance charges? The best form of lease arrangement is a share of the freehold. In this situation the tenants enjoy being in charge if their destiny and even though a managing agent is usually retained where the building is larger than a house conversion, the managing agent is directed by the tenants.