I am the registered owner of a freehold premises in Hartlebury yet pay rent, why is this and what is this?
It is rare for properties in Hartlebury and has limited impact for conveyancing in Hartlebury 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 have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
I am purchasing a right to buy a flat in Hartlebury. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Hartlebury you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Hartlebury.
We previously selected conveyancers based in Hartlebury on the Co-operative solicitor approved list. They have just invoiced me a further sum for the legal aspects of the Co-operative mortgage. Is this an additional conveyancing fee specified by Co-operative?
Provided it is contained in their Terms and Conditions or Quote then yes your solicitor is entitled to charge a fee for this. The charge is not dictated by Co-operative but by your Hartlebury conveyancer. Plenty of firms on the Co-operative panel will quote ’dealing with mortgage’ fee and others do not.
We have agreed to purchase a house in Hartlebury. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Santander be concerned?
Given that you are obtaining a mortgage with Santander your lawyer must check the conveyancing requirements outlined in Part 2 of UK Finance Lenders’ Handbook for Santander. The CML Handbook sets out minimum specifications for solar panel roof-space leases, and solicitors are required to report to Santander where a lease fails to meet these specifications. The specifications relate to the installation of panels on properties nationwide and is not isolated to Hartlebury.
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Hartlebury building society branch on various occasions and was advised it wasn't an issue and they will lend. My Hartlebury conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Provided that the solicitor is on the lender panel, she or he must adhere to the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Various web forums that I have frequented warn that are the main reason for obstruction in Hartlebury house deals. Is this right?
The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not figure amongst the common causes of hindrances during the legal transfer of property. Searches are not likely to be the root cause of delay in conveyancing in Hartlebury.
Despite weeks of looking the Title Certificate and documents to our home are lost. The solicitors who conducted the conveyancing in Hartlebury 5 years ago no longer exist. What are my next steps?
Assuming the title is registered the details of your proprietorship will be documented by the Land Registry under a Title Number. It is possible to execute a search at the Land Registry, find your property and get up to date copies of the Registered Entries for a small fee. Where the title is Leasehold then the Land Registry will also normally retain a file duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
How does conveyancing in Hartlebury differ for new build properties?
Most buyers of new build property in Hartlebury come to us having been asked by the developer to exchange contracts and commit to the purchase even before the property is completed. This is because house builders in Hartlebury tend to purchase 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 conveyancers 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 Hartlebury or who has acted in the same development.