My fiance and I intend to remortgage our flat in Wool with Aldermore. We have a son 19 who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is repossessed. I have two questions (1) Is this form unique to the Aldermore conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) Does our son by signing this compromise his rights 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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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.
We see that you have a post code search directory identifying solicitors on the Coventry BS conveyancing panel. Do companies pay you a referral fee if I instruct them for our conveyancing in Wool?
We are a listing service only for law firms wishing to communicate if they are on the Coventry BS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Wool.
I have todaybeen informed that Stirling Law have been shut down. They conducted my conveyancing in Wool for a purchase of a leasehold flat 18 months ago. How can I be sure that my home is not still registered in the name of the previous owner?
The quickest method to check 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 Wool conveyancing specialists.
I own a leasehold house in Wool. Conveyancing and Chelsea Building Society mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Wool who acted for me is not around. Do I pay?
The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Wool conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Wool Leasehold Conveyancing - Examples of Queries before buying
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How is the lease structured? Generally speaking the outlay for major works are not wrapped into the maintenance charges, although a few managing agents in Wool ask tenants to contribute towards a sinking fund created for the specific intention of building a fund for major works. How much is the ground rent and service charge?
Should one remove a deceased person's details from the title register for a house in Wool?
If a Wool property is co-owned and one of the proprietors passes away, the name will not automatically be removed from the Land Registry title. You are not required to amend the title as in the event of a disposal your conveyancer would just be required to supply proof why the joint owner is not a party to the conveyance, normally this is in the form of the probate documents.
With a view to making things smoother for the sale of the property you may arrange to have the deceased party removed from the title register by submitting an application to HMLR with evidence of the death. There is no land registry fee payable.