My wife and I are refinancing our apartment in Birchington with UBS. We have a son approaching twenty who lives with us. 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, giving up any rights in the event that the property is repossessed. I have two questions (1) Is this document specific to the UBS conveyancing panel as he never had to sign this form when we bought 5 years ago (2) Does our son by signing this extinguish his entitlement 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 UBS. This is solely used to protect UBS 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 UBS 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 am helping my sister sell her property in Birchington. Does the conveyancing solicitor arrange an energy performance certificate or it is for the seller to see to?
After the abolition of HIPs, energy performance certificates was retained a compulsory component of selling a property. An energy assessment must be commissioned prior to the property being marketed. This is not as aspect of the sale process that law firms ordinarily organise. Where you are instructing a Birchington conveyancing lawyer they may be willing to arrange energy assessments given their contacts with long established Birchington providers
Forgive me if this question is silly but I am unseasoned as a first time purchaser of a two bedroom flat in Birchington. Do I receive the keys to the house on the completion date from my solicitor? If this is the case, I will appoint a local conveyancing solicitor in Birchington?
There is no need to visit the lawyers office on the day of completion. Your solicitors will electronically transfer the completion advance to the seller's lawyers, and shortly after the monies have arrived, you should be invited to receive the keys from the property Agents and start moving into the property. Usually this happens between 1 and 3pm.
is it true that all Birchington solicitor practices on the TSB conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the TSB conveyancing panel they would need to be overseen by the SRA. Many lenders do permit licenced conveyancers on their panel and in such a situation the firms would be regulated by the CLC.
Are there restrictive covenants that are commonly identified during conveyancing in Birchington?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Birchington. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am looking for a ground for flat up to £305k and identified one near me in Birchington I like with amenity areas and transport links in the vicinity, the downside is that it only has 52 years unexpired on the lease. I can't really find anything else in Birchington suitable, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you need a mortgage the shortness of the lease may be problematic. Discount the price by the anticipated lease extension will cost if it has not already been discounted. If the existing owner has owned the property for a minimum of twenty four months you could request that they start the process of the extension and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this.
I have been sourcing a conveyancing practitioner in Birchington for my house move. Is it possible to review a solicitor's record with the legal regulator?
One can see published Solicitor Regulator Association (SRA) decisions stemming from inquisitions from 2008 onwards. Visit Check a solicitor's record. For records Pre 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA could monitor call for training reasons.