Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

Hi OP,

I’m in the process of purchasing a house, deposit partially from my savings and then the majority is a gifted amount from my dad.

I intend to have my DP move in with me, it’s what we both want to do.

I’m just wondering the best way to protect my asset so that he can’t stake a claim on the house at a later date?

Should I just get him to contribute to utilities and food shopping and pay the mortgage entirely myself?

If we want to do things to the house should I make sure that he only contributed to things that he could take with him if he left? Rather than actual building work? If he insists on giving me money towards general house maintenance, should I just set that money aside in a savings account so that should he ever try to claim he’s contributed to the value of the house, I could just say “no, you haven’t, here’s your money back”.

Despite how this reads, I love him very much, and I don’t think he would try to claim any stake in the house, but I want to be safe and sensible about my investment.

Is it possible to ring fence my equity at a later date, should he be added to the mortgage or we got married?

I noticed this might be an issue since the mortgage lender asked me to declare any other adults that might be living there.

Thank you for taking the trouble to reply MummytoGeorgie. I will look back on the terms and conditions. She is indeed a nightmare!

It is doubly unpleasant because the sale and purchase are related to the death of my OH last year - the solicitor knows all this and I would have thought she might have tried to pull out the stops to make things easier for me during this difficult time.

I had it in my mind to talk with a senior partner after all this is over and pass on some of her difficult email correspondence. I do not want others to have to deal with the aggro she has given me.

Hi again, thanks again for your help earlier, we have discussed deed of variation with our solicitor and he seems to agree our sellers solicitor needs to create one, however he says he didnt think it would be wise to speak to our lender about this rent charge removal yet.

Can I ask how long it usually takes to create a deed of variation?
Am I right in saying you can get a deed of undertaking to allow us to exchange and complete before the deed of variation is with the land registry?

Im looking for a timescale for our buyers.. the builder confirmed he was happy to do what needed to be done.

Thanks for this thread @MummytoGeorgie, I hope you are enjoying maternity leave as best you can during this pandemic!

I have a couple of completely unrelated questions.

1. I am selling my house to a cash buyer, the purchaser has requested to complete by 30 June, and I am sending final responses to solicitor queries tomorrow. In your experience, how long does it take to go from satisfied enquiries to contract?

1. I am applying directly for a new mortgage with Santander (I'd ideally like to port my current mortgage, plus add £££) for an onward purchase which I haven't yet found (I'll be moving in with family when mine sells). In your experience, how long do Santander take to approve straightforward (I'm a PAYE higher earner, with a 10-15% deposit) mortgage applications?

I cannot thank you enough for your reply and all of the information regarding Target - you are my hero!

Hi OP! This is a bit of an unusual one but I’d really appreciate any advice you have... my partner currently owns a leasehold flat in a development run by a management company. At the moment we live there together and we’d like for me to “purchase” 50% so that we own 50:50, so far so straightforward.

However... in about 6 months we will be relocating temporarily for work. We have very different attitudes to money, so to avoid arguments about whether to let out the flat, etc, our compromise is that my partner will pay all bills (including upkeep and any repair costs including EWS1 remediation) but if he chooses to let will be entitled to all the income. Is there anyway of formalising this/how would we approach a solicitor to do this?

[quote MummytoGeorgie]@Mischance wow sorry but your solicitor does sound like a nightmare!! I would review their terms and conditions as to whether it mentions extra costs for chasing. This should indeed form part of the fixed fee cost as it's part of the job to chase things!! I'm gobsmacked reading that so yes you're right. Sounds like an awful firm I know of in Enfield but I shan't say any names! Once a week is also terrible. Sorry you're in this position but I'd 1) get a copy of the terms and conditions, If it's not mentioned this "extra work" ask her where you have been previously advised of this "extra work" fee. If you wasn't notified and it's not in the terms and conditions then I'd ask to speak to a partner of the company as it's always implied that this is covered within the legal fee as forms part of a solicitors duty!

Hope you managed to complete before End of the June xx

@Poppiesway1 hi, I hope you're well! I understand what you are saying and don't blame you wanting to move in but if your neighbour has a right of way over the middle part of the garden it isn't as simple to just move the path... it is most likely that your title deeds to the property will grant a right for the neighbour to access over and along the pathway (inc a plan showing its location within the deeds) and the neighbours deeds will also likely have this in.

If she has a mortgage lender and you do too you may need the lenders consent in order to move the pathway and if she agrees (and the lenders) then you can both enter into a deed of variation which you both will sign and this will need to be registered at the land registry for both properties so she would need third party representation for a solicitor to do this for her too.

X

@flyingfreehold2021

Hello, thanks for your message. Sorry to hear that the sellers solicitors are taking so long. Enquiries don't have to be in any specific format, it could be within a letter or a mere email would raising the question would still be classed as an enquiry.

The fact that the flying freehold is not mentioned is not a problem if you have indemnity insurance and the lender consents to the indemnity but I'd be more worried if the plans were incorrect as it seems so from your message. Obv I don't have the documentation to look at but if the plans are incorrect then this is a separate issue and it can take time to rectify depending on the lenders requirements. Whether or not the flying freehold aspect can be ignored is not your decision unfortunately your lender is will need to be aware and your solicitor will need to obtain their instructions before proceeding.

The agents don't sound helpful either !
I would be calling them twice daily, speak to a manager and put your foot down you need to know where you stand and you won't until you know the situation.

Also, if your lender is willing to proceed be prepared that you may face these issues when you come to sell the property.

Lastly, over a month to reply to enquiries is ridiculous. 2 weeks should be the absolute max and even then personally I think that's a bit much.

Sounds like the sellers solicitors are overworked !

I hope you manage to get some clear answers ASAP! Xx

@OUB1974 if the land is unregistered how do you know that it belongs to them and is just not registered to the sellers that you are buying from? Do they have the actual deeds to the passageway in question?

If they don't require access over it and it's only used by you anyway perhaps they would consider selling it to you but I find it strange that they would own it when you use it solely. I think if you were to put a caution on it could cause upset and annoyance .. if you're going to be living there I'd try having a chat with them first of all as they appear amicable if they let the current owner use their car park for visitors... just explain that they don't require it for any reason for access and it really does not serve them any purpose...

If they say no at least you have peace of mind I guess that no one will be waking past your door for any reason but I'd try and buy it if it was me.

Hope it all goes well!

Xx

[/quote]
Thank you so much for the responses, will I be able to fix the land registery after the sale or does it have to be before the completion?

@24GinDrinkingOnceTheKidsInBed do you mean move out from your sale? There are people that will wait, I'm sure the selling agent will want to know about your related purchase but some clients don't tell the agent and it does happen where people pull out or get annoyed with delays but it is what it is!

@QueenOfPain you shouldn't allow him to pay towards the mortgage or building works to improve the value, he'll have to sign an occupiers consent form for the mortgage (make sure he does) which means he will give up all occupational rights to the property. You can never be too sure! If he was to be added to the mortgage later you can have a declaration of trust drawn up to protect your equity you originally put in.

@Mischance I'm so sorry to read that, I hope you're ok! You would like to think that some people have compassion for situations like that! Stay strong xx

@Evecob Hi Eve, a DOV can take a week or two to do and get agreed but sometimes it can longer it just depends on how proactive the sellers solicitors are. The undertaking (legal promise) will have to be given by the sellers solicitors to your solicitor to provide the signed DOV on completion however they won't provide the undertaking until they hold the DOV signed. They have to ensure that they can satisfy the undertaking. It can be registered post completion but all needs to be in order prior to exchange as that is when contracts are legally binding. For example if the solicitor didn't get the undertaking before exchange then there's no guarantee they would get it on completion as the undertaking hadn't been given. Hope it sorts out quickly for you!! Xx

@Starseeking Hey, thanks for your kind message! :-)

In response to your questions, using the same numbering:

1. It depends on how proactive the solicitors are really. When the enquiries are satisfied the buyers solicitors will have to prepare the final property report to their client and send all contracts to sign. I would expect two weeks max, anything more I think IMO is unreasonable.

1. This is hard to answer as they'll have certain docs and things they need from you and with the current pandemic there are delays atm with all lenders. You're best to direct this to a mortgage broker.

Hope that helps slightly xx

@HLS1985 AH you're welcome :-))))

@Ballllzac hey! Can you explain more for me the second paragraph? So he currently owns the flat by himself and you're buying in 50%?

@flyingfreehold2021 I would think your lender would require this to be before exchange :-( your solicitor will need to check xx

Thanks so much @MummytoGeorgie, from your response to 1. It sounds like we're on course to hit the 30 June stamp duty deadline as our buyers are cash, so they don't need a mortgage and have opted not to undertake a survey. Responses to their final queries have gone back today, so hopefully they will be happy with them!

I did think 2. would be a long shot asking a solicitor, so no worries. As I currently have a mortgage with Santander, and would like to port it I'm not using a broker on this occasion, but may ring round a few brokers with "initial enquiries" to try and gauge timeframes.

Thanks so much for taking the time to advise xXx

Ooh @MummytoGeorgie I have another one!

Land registry for the house I’m selling is in maiden name, does this need to be changed prior to completion - or can it be updated for the new purchase? If that makes sense! Couple of conflicting things online and if it needs doing prior I’d rather sort it sooner than later!

@Newhousehope Hello, you will need to provide either of the following to your solicitor:

1. Original marriage certificate for them to copy and certify to provide to the LR to evidence the name change.

OR

1. Take the original marriage certificate to a local solicitor who will copy and certify the certificate. Then send the original certified copy of the marriage certificate to the solicitor acting.

Xx

[quote MummytoGeorgie]@Newhousehope Hello, you will need to provide either of the following to your solicitor:

1. Original marriage certificate for them to copy and certify to provide to the LR to evidence the name change.

OR

1. Take the original marriage certificate to a local solicitor who will copy and certify the certificate. Then send the original certified copy of the marriage certificate to the solicitor acting.

Xx[/quote]
Brilliant - we have to go in today to provide ID and forms so will be taking marriage certificate anyway!

I feel like I’m packing every piece of paperwork I own 🤣😱

@MummytoGeorgie the full story is that he currently owns the flat 100% since I lent him the money to pay off the mortgage, and we have a repayment agreement in place. We’d like to change that so that I have a stake in the value of the flat and he doesn’t pay me back and the obvious way to achieve this seems to change official ownership with the land registry to 50:50. However we have very different attitudes to money (and the stress of letting it out!) and also the amount I’ve given him reflects 50% of the value assuming there’s a valid EWS1 certificate for the cladding (management company is obtaining this and there may be some remediation cost).

So for that reason we’d like him to be entitled to all the letting income (if any) but also any costs and to keep it in a good state of repair. Property solicitors seem quite clear on their ‘standard’ offerings and fees but I don’t know if what we’re asking for is possible/who could draw up an agreement for us? Would really value any thoughts you have

[quote MummytoGeorgie]@24GinDrinkingOnceTheKidsInBed do you mean move out from your sale? There are people that will wait, I'm sure the selling agent will want to know about your related purchase but some clients don't tell the agent and it does happen where people pull out or get annoyed with delays but it is what it is!

@QueenOfPain you shouldn't allow him to pay towards the mortgage or building works to improve the value, he'll have to sign an occupiers consent form for the mortgage (make sure he does) which means he will give up all occupational rights to the property. You can never be too sure! If he was to be added to the mortgage later you can have a declaration of trust drawn up to protect your equity you originally put in.

@Mischance I'm so sorry to read that, I hope you're ok! You would like to think that some people have compassion for situations like that! Stay strong xx

@Evecob Hi Eve, a DOV can take a week or two to do and get agreed but sometimes it can longer it just depends on how proactive the sellers solicitors are. The undertaking (legal promise) will have to be given by the sellers solicitors to your solicitor to provide the signed DOV on completion however they won't provide the undertaking until they hold the DOV signed. They have to ensure that they can satisfy the undertaking. It can be registered post completion but all needs to be in order prior to exchange as that is when contracts are legally binding. For example if the solicitor didn't get the undertaking before exchange then there's no guarantee they would get it on completion as the undertaking hadn't been given. Hope it sorts out quickly for you!! Xx

@Starseeking Hey, thanks for your kind message! :-)

In response to your questions, using the same numbering:

1. It depends on how proactive the solicitors are really. When the enquiries are satisfied the buyers solicitors will have to prepare the final property report to their client and send all contracts to sign. I would expect two weeks max, anything more I think IMO is unreasonable.

1. This is hard to answer as they'll have certain docs and things they need from you and with the current pandemic there are delays atm with all lenders. You're best to direct this to a mortgage broker.

Hope that helps slightly xx

@HLS1985 AH you're welcome :-))))

@Ballllzac hey! Can you explain more for me the second paragraph? So he currently owns the flat by himself and you're buying in 50%?

@flyingfreehold2021 I would think your lender would require this to be before exchange :-( your solicitor will need to check xx
[/quote]
Thank you for your reply.

Im so stressed, im also on maternity leave with my 10 month old and almost 3 year old but have been spending most of my time recently trying to sort this stuff out and getting nowhere

Our sellers solicitor refuses to discuss anything with our seller, i also tried to call him but he refuses to talk to me. All we get is he is waiting for instruction from our solicitor!! And he didnt agree with the DOV.

At a complete loss, cant get hold of ours either, supposed to exchange and complete friday and no1 seems to care! Cried twice today i just feel helpless and at a complete loss.

Seller solicitor has knows since at least beginning of april that rent charges were not being charged but has done nothing.

How can we move forward, do we complain? Can a complaint come from us for sellers solocitor or does it have to be our seller?

[quote MummytoGeorgie]@24GinDrinkingOnceTheKidsInBed do you mean move out from your sale? There are people that will wait, I'm sure the selling agent will want to know about your related purchase but some clients don't tell the agent and it does happen where people pull out or get annoyed with delays but it is what it is!

@QueenOfPain you shouldn't allow him to pay towards the mortgage or building works to improve the value, he'll have to sign an occupiers consent form for the mortgage (make sure he does) which means he will give up all occupational rights to the property. You can never be too sure! If he was to be added to the mortgage later you can have a declaration of trust drawn up to protect your equity you originally put in.

@Mischance I'm so sorry to read that, I hope you're ok! You would like to think that some people have compassion for situations like that! Stay strong xx

@Evecob Hi Eve, a DOV can take a week or two to do and get agreed but sometimes it can longer it just depends on how proactive the sellers solicitors are. The undertaking (legal promise) will have to be given by the sellers solicitors to your solicitor to provide the signed DOV on completion however they won't provide the undertaking until they hold the DOV signed. They have to ensure that they can satisfy the undertaking. It can be registered post completion but all needs to be in order prior to exchange as that is when contracts are legally binding. For example if the solicitor didn't get the undertaking before exchange then there's no guarantee they would get it on completion as the undertaking hadn't been given. Hope it sorts out quickly for you!! Xx

@Starseeking Hey, thanks for your kind message! :-)

In response to your questions, using the same numbering:

1. It depends on how proactive the solicitors are really. When the enquiries are satisfied the buyers solicitors will have to prepare the final property report to their client and send all contracts to sign. I would expect two weeks max, anything more I think IMO is unreasonable.

1. This is hard to answer as they'll have certain docs and things they need from you and with the current pandemic there are delays atm with all lenders. You're best to direct this to a mortgage broker.

Hope that helps slightly xx

@HLS1985 AH you're welcome :-))))

@Ballllzac hey! Can you explain more for me the second paragraph? So he currently owns the flat by himself and you're buying in 50%?

@flyingfreehold2021 I would think your lender would require this to be before exchange :-( your solicitor will need to check xx
[/quote]
Hi me again... we finally got hold of our solicitor who NOW says after discussing with a colleague, an RX2 forms should be sufficient in order to exchange next week, instead of deed of variation which takes far longer??

@Newhousehope ah I know it's a lot but it's best to get the ID out the way at the outset... hope your transaction goes through swiftly :-) xx

@Ballllzac you will have to get a solicitor to redraft an agreement with those terms x

@Evecob oh I know it can be stressful especially when the other side are just sitting on it :-( try not to cry xx I think you should speak to the estate agent and see if they can arrange a conference call with the buyers solicitors and sellers solicitors to find a solution. You won't be able to talk to the sellers solicitor as it's a conflict of interest, everything has to go through your solicitor. Get the agent on the phone tomorrow morning and ask them "does the seller want to sell his house?"

They won't want to lose you as a buyer or they won't get their commission for another 8 weeks plus! Make them uncomfortable tell them you need a response clearly on how you'll be moving forward tomorrow or you'll have to rethink your position.. put it in writing and copy in your solicitor and also suggest the conference.

Let me know how u get on wishing you luck xxx

@Evecob The RX2 forms remove the restriction which the rent charge clearly is and this may be possible but it just depends on the terms of the transfer that the charges mentioned within. If it's for things like maintenance which you suggest that it is in relation to the road that it may need to be a DOV to cover this aspect!

Hope you're ok x

Hi @MummytoGeorgie. Very nice of you to offer some advise - thank you for doing this.

Have a boundary wall question which i understand can be complicated but i'll give it a shot. We bought a first floor maisonette about a year and a half and we have a share of the freehold with downstairs. There is a shared alleyway that runs between us and our neighbours. The neighbours have an easement (there is a specific title deed for this) to be able to access their back garden and for pipes/gutters etc. Problem is before the neighbours bough the place the previous owner had extended their front garden to include half of the alleyway. Downstairs have lived here for 15 years but didn't question this as they were not too bothered but they did not consent to building the fence either. We on the other hand have access to our flat from the side in the alleyway and the fence just makes the alleyway narrower. Both deeds/title for upstairs and downstairs include entire alley. Not sure what is shown on next doors. I understand the burden is theirs to prove that at some point they were given the right to build this fence and encroach into the alleyway. Any advise on how to approach this would be appreciated!

@PiaC Hey, you are more than welcome :-) keeps my brain on the go amidst the baby nappies :-) haha

Legally, they are not allowed to encroach unless it's been done by Deed which is highly doubtful as you would have had to be party to that transfer. They can't just take part of the alley way!

You should speak to a solicitor who can write them a letter advising them of the legal position and they will need to remove the fence and put it on their boundary.

Some people are so cheeky it happens because they think they can get away with it.

You could try having a friendly chat with them first and explain it but if it goes sour, get a solicitor involved to write to them.

Hope you sort it xx

Hi @MummytoGeorgie - you are an angel for helping us out! If you have the energy for any more queries, then it would be a huge help if you can answer this one: we’ve had an independent structural survey done on the house we’re buying (and a basic valuation for our mortgage which came back confirming the valuation)- are we under any obligation to share the survey report with the lender, or are we fine just to keep it to ourselves? Thank you so much!

Hi OP, very nice of you to start this thread!
Have you eer come across a sale where the buyer has skipped the seraches and then regretted it - something important was missed?

I've decided to skip as it's a straight forward area, current owners bought 5 yrs ago, end of terrace in city suburb, people buy andsell there actively. Got advice from people (incl on here) that really not worth doing seraches - I'm in a rush as my sale took an age, no mortgage involved and house value below national average. But I just wanted extra reassurance - or otherwise to know whether there is one or two seraches that I should do on their own.
Also are the boundaries and right of access to garden on land reg or is that serach related? I assume the former.

Thank you in advance.

Hi, I work in conveyancing too and just have to say how lucky you are to be on maternity leave right now!

It is an absolute nightmare with everyone wanting to complete by the end of June (if I had a pound every time a client asked me 'will we complete by end of June/do you think the government will extend the deadline/we MUST complete by the end of June - I could retire now).

I totally understand people wanting to save money as it is a huge saving for some, but it is so stressful and everyone I know/speak to is working so many hours. I was logged on at 7.30am this morning and logged off at 7pm. I dread to think what my inbox will be like in the morning.

Some clients are lovely, some not quite so much, some email every single day asking for updates, it's just mad at the moment.

Crazy times, roll on end of June! And congratulations on your new addition - enjoy not being in the office 😃

@MummytoGeorgie thank you so much for taking the time out to reply to our queries!! Sending you love and best wishes for your help!

@snowstorm2012 thank you for his hard work! I’m
Sure it means a lot to your clients 😘

[quote flyingfreehold2021]@snowstorm2012 thank you for his hard work! I’m
Sure it means a lot to your clients 😘[/quote]
Ah thank you! It's challenging times but can also be very satisfying!

Good luck in your transaction 👍🏼xx