I am the registered owner of a freehold property in Kelsall yet pay rent, why is this and what is this?
It is rare for properties in Kelsall and has limited impact for conveyancing in Kelsall 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 establishment of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
My Solicitor in Kelsall is not on the Bank of Ireland Conveyancing Panel. Is it possible for me to continue with my family solicitor notwithstanding that they are not on the Bank of Ireland panel of approved conveyancing solicitors?
Your options are as follows:
- Complete the purchase with your existing Kelsall lawyers but Bank of Ireland will need to use a solicitor on their list of acceptable firms. This will inevitably rack up the total conveyancing charges as well as cause delays.
- Choose an alternative practitioner to act in the purchase, not forgetting to check they are Bank of Ireland approved.
- Try to convince your Bank of Ireland solicitor to seek to join the Bank of Ireland panel
Should our conveyancer be making enquiries regarding flooding during the conveyancing in Kelsall.
Flooding is a growing risk for conveyancers specialising in conveyancing in Kelsall. Plenty of people will buy a house in Kelsall, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that may be carried out by the purchaser or by their solicitors which can give them a better appreciation of the risks in Kelsall. The conventional set of completed inquiry forms sent to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the owner to discover if the premises has suffered from flooding. If the property has been flooded in past which is not notified by the owner, then a buyer may commence a compensation claim resulting from an inaccurate response. The buyer’s conveyancers will also carry out an enviro report. This should indicate if there is a recorded flood risk. If so, additional investigations should be carried out.
I have todaybecome aware that Action Conveyancing have been shut down. They conducted my conveyancing in Kelsall for a purchase of a leasehold apartment 9 months ago. How can I be sure that my home is in my name in the name of the previous owner?
The quickest method to check if the premises is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Kelsall conveyancing specialists.
How does conveyancing in Kelsall differ for newly converted properties?
Most buyers of new build residence in Kelsall contact us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because builders in Kelsall usually 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 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 used to new build conveyancing in Kelsall or who has acted in the same development.
When it comes to leasehold conveyancing in Kelsall what are the most frequent lease defects?
There is nothing unique about leasehold conveyancing in Kelsall. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:
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Clauses dealing with recovering service charges for expenditure on the building or common parts.
You will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, The Royal Bank of Scotland, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to pull out.
I invested in buying a garden flat in Kelsall, conveyancing having been completed December 1999. How much will my lease extension cost? Similar flats in Kelsall with over 90 years remaining are worth £171,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease finishes on 21st October 2101
With 79 years left to run we estimate the premium for your lease extension to be between £7,600 and £8,800 as well as legals.
The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.