My partner and I are refinancing our flat in Shenfield with Bank of Ireland. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose 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 flat is repossessed. I have a couple of questions (1) Is this document specific to the Bank of Ireland conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your Bank of Ireland 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 Bank of Ireland. This is solely used to protect Bank of Ireland 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 Bank of Ireland 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.
What can a local search reveal regarding the property we're purchasing in Shenfield?
Shenfield conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search organisations for example Onsearch The local search plays a central part in most Shenfield conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your property. The search will provide data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.
I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a simple, no chain conveyancing. Shenfield is the location of the property. What do you suggest?
Flying freeholds in Shenfield are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Shenfield you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shenfield may ascertain 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.
Given that I will soon spend hundreds of thousands of pounds on a two bedroom apartment in Shenfield I wish to have a conversation with the solicitor regarding thehome move in advance of instructing the firm. Is this something that you can arrange?
Absolutely - it is our preference to talk to you we do not take any clients on without you liaising with the conveyancer who will be carrying out your property ownership legalities in Shenfield.There is no ‘factory style conveyancing’ - each client is unique individual, not a matter reference. The law firms that we put you in touch with believe that the fees you are provided with for your conveyancing in Shenfield should be the amount on the final invoice that you are charged.
I am looking for a conveyancing practitioner in Shenfield for my house move. Is it possible to check a firm’s complaints history with the legal regulator?
One can read documented Solicitor Regulator Association (SRA) decisions arising from investigations commenced on or after 1 January 2008. Visit Check a solicitor's record. To find records about the period before 1 January 2008, or to check a solicitors history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, use +44 (0)121 329 6800. The regulator could monitor call for training requirements.