My partner and I changing mortgage lender for our flat in Dartford with Skipton. We have a son approaching twenty who lives at home. 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 forfeited by the lender. I have two questions (1) Is this document specific to the Skipton conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) In signing this form is our son in any way compromising his right 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 Skipton. This is solely used to protect Skipton 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 Skipton 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.

It is 10 years ago since I purchased my property in Dartford. Conveyancing lawyers have now been instructed on the sale but I can't find the deeds. Will this jeopardise the sale?

You need not be too concerned. Firstly the deeds may be kept by your mortgage company or they may be in the possession of the conveyancers who handled your purchase. Secondly the chances are that the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Dartford involves registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.

The estate agent has sent us the confirmation of our purchase of a new build flat in Dartford. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Dartford

Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

I decided to have a survey done on a house in Dartford before instructing solicitors. I have been informed that there is a flying freehold element to the property. The surveyor advised that some mortgage companies may refuse to give a mortgage on such a property.

It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. Should you wish to telephone us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Dartford. Conveyancing will be smoother if you use a solicitor in Dartford especially if they are familiar with such properties in Dartford.

Should I be worried if there is an issue with the searches carried out as part of our conveyancing in Dartford?

Usually, almost all problems arising from Dartford conveyancing search responses can be handled in advance of completion or title insurance can be put on cover. You should note that regardless of the fact that you intend on buying the premises and may be content to accept the search results, your lender may not, and when all said and done the decision rests with them.