I am the registered owner of a freehold house in Melbourne yet pay rent, why is this and what is this?
It’s unusual for properties in Melbourne and has limited impact for conveyancing in Melbourne 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 establishment of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
My mortgage company has suggested a law firm on their panel based in Melbourne but I would rather instruct a conveyancing lawyer in Melbourne local to me. Are you able to assist?
The minority of Melbourne conveyancing solicitors are on all banks conveyancing panel. Use our search tool to choose a Melbourne conveyancing conveyancer on the on the bank panel.
A relative advised me that in buying a property in Melbourne there could be a number of restrictions prohibiting external changes to the property. Is this right?
There are anumerous of properties in Melbourne which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Melbourne should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am planning to move property in November. Should my conveyancing solicitor call the removal company on the completion day. On a separate note, can you suggest a removal company in Melbourne. Conveyancing firm was chosen before I stumbled across this website.
On the day of completion you can collect the keys from your estate agent however this can only be done after the vendors lawyers advise the agent that they have the completion monies and the keys can be released. Subsequently you will need to advise the removal company that you are ready to move in. We do not suggest a specific removal company but can help you find a conveyancing in Melbourne or a legal practice that specialises in conveyancing in Melbourne.
We are buying a victorian detached house in Melbourne. Our aim is to carry out an extension to the side at the house.Will legal investigations on the property involve enquiries to see if these alterations were previously refused?
Your property lawyer will review the registered title as conveyancing in Melbourne can sometimes reveal restrictions in the title deeds which restrict certain alterations or require the consent of a 3rd party. Many additions need local authority planning permissions and approval in compliance with building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these things with a surveyor prior to committing yourself to a purchase.
We are close to exchanging contracts on the sale of our home in Melbourne and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Melbourne lawyer would know that there is no such problem. It does beg the question why the buyers are using a factory type conveyancing outfit as opposed to a conveyancing solicitor in Melbourne. We have lived in Melbourne for six years we know of no issue. Should we get in touch with our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing firm already. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
Last April I purchased a leasehold property in Melbourne. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I am the registered owner of a 1 bedroom flat in Melbourne, conveyancing formalities finalised in 2005. How much will my lease extension cost? Corresponding flats in Melbourne with a long lease are worth £186,000. The ground rent is £55 charged once a year. The lease ceases on 21st October 2073
With only 53 years unexpired we estimate the price of your lease extension to span between £27,600 and £31,800 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Melbourne. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Melbourne ?
The majority of houses in Melbourne are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Melbourne in which case you should be shopping around for a Melbourne conveyancing practitioner and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will report to you on the legal implications.