My wife and I are refinancing our apartment in Lincoln with . We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults 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 flat 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 purchased 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your 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 . 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.
My lawyer in Lincoln is not on the Solicitor Panel. Can I still continue with my prefered solicitor notwithstanding that they are excluded from the list of approved lawyers?
The limited options open to you here include:
- Complete the purchase with your existing Lincoln lawyers but will need to use a lawyer on their list of acceptable firms. This will result in additional overall legal charges as well as result in delays.
- Find an alternative solicitor to act in the purchase, obviously checking they are Convince your lawyer to do everything within their powers to join the conveyancing panel
Do commercial conveyancing searches disclose proposed roadworks that may impact a commercial premises in Lincoln?
Many commercial conveyancing solicitors in Lincoln will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in investigating accurate data on highways that impact buildings and development assets in Lincoln. The search result provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Lincoln.
For every commercial conveyancing transaction in Lincoln it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately can cause delays to Lincoln commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not carried out for residential conveyancing in Lincoln.
Due to the input of my in-laws I had a survey completed on a property in Lincoln before retaining lawyers. I have been informed that there is a flying freehold overhang to the property. My surveyor advised that some mortgage companies may refuse to issue a mortgage on such a premises.
It depends who your proposed lender is. Lloyds has different instructions from Nationwide. Should you wish to telephone us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Lincoln. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Lincoln to see if the conveyancing costs will increase in light of this.
A conveyancing company handled my conveyancing in Lincoln half a dozen years past having stored my title documents but has now closed – how do I get hold of these?
Deeds, as such, no longer exist as most properties in Lincoln are archived digitally at Land Registry. Where you need to show ownership or are selling or refinancing your will need to obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.