My partner and I are refinancing our flat in Longbenton with Kent Reliance. We have a son 19 who lives with us. Our solicitor requested us to identify 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 apartment is repossessed. I have two questions (1) Is this form unique to the Kent Reliance 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?
First, rest assured that your Kent Reliance 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 Kent Reliance. This is solely used to protect Kent Reliance 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 Kent Reliance 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 have todaybeen informed that Wolstenholmes have been shut down. They conducted my conveyancing in Longbenton for a purchase of a freehold house 18 months ago. How can I check that my home is not still registered in the name of the previous owner?
The easiest method to check if the premises is registered to you, 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 Longbenton conveyancing specialists.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what should have been a quick, chain free conveyancing. Longbenton is where the house is located. Can you offer any guidance?
Flying freeholds in Longbenton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Longbenton you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Longbenton may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
As co-executor for the estate of my uncle I am selling a house in Cardiff but live in Longbenton. My solicitor (based 200 kilometers from merequires that I execute a stat dec before completion. Can you recommend a conveyancing lawyer in Longbenton who can witness this legal document for me?
strictly speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are Longbenton based
Do you have any advice for leasehold conveyancing in Longbenton with the intention of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Longbenton can be bypassed where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers’ conveyancers. You may think that you are aware of the number of years left on your lease but you should double-check via your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is below 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Longbenton leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord consenting to such works. Where you fail to have the consents to hand you should not contact the landlord without checking with your lawyer in advance. If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be concerned about purchasing a property where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unresolved. Many landlords or Management Companies in Longbenton charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Longbenton.
Longbenton Leasehold Conveyancing - Examples of Queries before buying
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Make sure you investigate if there are any onerous restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Longbenton. If you like the propertyin Longbenton however your dog is not allowed to live with you then you have a very hard decision. Does the lease contain onerous restrictions? Please note if it is less than eighty years it will impact the value of the property. It is worth checking with your mortgage company that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease at some point and it is worth finding out how much this would cost. Remember, in most cases you would need to own the premises for two years in order to be eligible to exercise a lease extension.