I am the registered owner of a freehold residence in Snowdonia but still charged rent, why is this and what is this?
It’s unusual for properties in Snowdonia and has limited impact for conveyancing in Snowdonia 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 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 after 2037 will be extinguished.
I am buying a end of terrace house in Snowdonia. Our aim is to an extension at the rear at the property.Will legal due diligence on the property include enquiries to see if these alterations are allowed?
Your solicitor should review the registered title as conveyancing in Snowdonia will on occasion reveal restrictions in the title deeds which restrict certain changes or need the permission of a 3rd party. Some works require local authority planning permissions and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be prudent to check these things with a surveyor ahead of any purchase.
I am the single beneficiary of my late mum's will with all property in now in my sole name, including the my former home in Snowdonia. Conveyancing formalities meant that the Land Registry date was in January. I plan to dispose of the house. I do know about the Mortgage Lenders six month 'rule', which means that my proprietorship will be considered the same way as though I had purchased the property in January. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be impacted by that. How sensible a view mortgage companies take of it, depend on the lender as this provision is primarily there to pick up on the purchase and immediately sell or the wholesaling and assigning of property.
My wife and I have organised the release of further monies on our home loan from Principality as we intend to conduct alterations to our home in Snowdonia. Do we need to appoint a high street Snowdonia solicitor on the Principality conveyancing panel to handle the legals?
Principality do not ordinarily require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Principality conveyancing panel.
Various web forums that I have come across warn that are the main reason for hinderance in Snowdonia conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of a review by MoveWithUs that conveyancing searches do not feature within the top 10 causes of delays during the legal transfer of property. Local searches are unlikely to feature in any slowing down conveyancing in Snowdonia.
Me and my brother own a 4 bedroom Victorian property in Snowdonia. Conveyancing solicitor represented me and Clydesdale. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold with the matching address. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Snowdonia and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with your conveyancing lawyer who conducted the purchase.
Do I need to be suspicious by estate agents that I am dealing with are encouraging me to use a web based conveyancing firm as opposed to a High Street Snowdonia conveyancing company?
As with lots of professional services, often recommendations from connections can be worth their weight in gold. Nevertheless there are many players in a conveyancing deal; estate agents, mortgage brokers and mortgage companies might all recommend solicitors to instruct. Sometimes the conveyancers might be known to one of the organisations as being good in their field, but occasionally there may be a commercial relationship behind the endorsement. You are free to select your own lawyer. You need to be aware that some banks specify a panel list of lawyers you have to use for the mortgage related work in your conveyancing.
I need to instruct a conveyancing practitioner in Snowdonia for my remortgage. Is it possible to review a firm’s record with the profession’s regulator?
You can read presented Solicitor Regulator Association (SRA) decisions stemming from inquisitions commenced on or after Jan 2008. Go to Check a solicitor's record. To find records about the period before 1 January 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, call +44 (0)121 329 6800. The regulator could monitor telephone calls for training requirements.