I own a freehold residence in Benfleet yet invoiced for rent, why is this and what is this?
It is rare for properties in Benfleet and has limited impact for conveyancing in Benfleet but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
I happen to be the only recipient of my late mum's estate and I have everything in my name alone, including the house in Benfleet. Conveyancing formalities meant that the Land Registry date was in October. I plan to dispose of the house. I do know about the CML six month 'rule', meaning my proprietorship could be considered the same way as if I'd bought the house in October. Will no one buy the property for half a year?
The CML handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. Most lenders would take a pragmatic view as this requirement is chiefly there to pick up on the purchase and immediately sell or the wholesaling and assigning of properties.
My fiancee and I are at the point of looking at apartments in Benfleet and I am now considering a potential offer. Is it premature to have a solicitor in place? I intend to finance via a home loan with Virgin Money.
You should start obtaining conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are taking out a mortgage with Virgin Money, ask your prospective lawyers if they are on the Virgin Money conveyancing panel otherwise they can't do the mortgage legal work.
After much negotiation I have agreed a price on an apartment in Benfleet. My financial adviser pressured me to appoint their solicitor. I paid an advanced payment of £225. A few days later, the conveyancer contacted me embarrassingly acknowledging that they were not on the Clydesdale conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Clydesdale panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
It has been four months since my purchase conveyancing in Benfleet concluded. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
How does conveyancing in Benfleet differ for new build properties?
Most buyers of new build premises in Benfleet approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the property is built. This is because house builders in Benfleet tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Benfleet or who has acted in the same development.
I was pointed in your direction by numerous selling agents in Benfleet to locate a solicitor using your seach tool. Is there a financial incentive for Estate Agents to promote your lawyers ahead of alternative conveyancing organisations?
We refuse to make any financial incentive for sending work in our direction. We thought it would be too underhand a fee as home movers will think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
There are a number of houses in Benfleet on private roads. I am purchasing one such property. Are there any advantages to purchasing a house on a privately owned road?
Benfleet conveyancing lawyers will be well versed in conveyancing propertieson unadopted roads. The conveyancer should investigate title to identify any rights or responsibilities. In many cases there is a residents association that residents pay into to maintain the road. Where one exists, the road should be maintained and appear nicer than publicly adopted.