I own a freehold premises in Stanwell but nevertheless charged rent, why is this and what is this?
It is rare for properties in Stanwell and has limited impact for conveyancing in Stanwell 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 many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
A friend pointed out to me me that in buying a property in Stanwell there may be various restrictions as to what one can do in terms of external alterations to the property. Is this right?
There are a number of properties in Stanwell which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Stanwell should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are aiming to move property in August. Should my conveyancing solicitor update the removal company on the completion day. Incidentally, can you suggest a removal company in Stanwell. Conveyancing lawyer was chosen before I stumbled across your page.
On the afternoon of completion you can pick up the house keys from the estate agent however this can only occur once the vendors solicitors advise the agent that they acknowledge receipt of the completion payment and the keys can be released. Subsequently you should tell the removal company that they can start moving you in. As a matter of policy we do not suggest a specific removal organisation but can assist you in choosing a residential property solicitor in Stanwell or a lawyer with expertise in conveyancing in Stanwell.
I am due to exchange contracts on my house. I had a double glazing fitted in April 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Clydesdale are being a right pain. The Stanwell solicitor who is on the Clydesdale conveyancing panel is recommending indemnity insurance as a solution but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have been told that property searches are the primary reason for stalling in Stanwell house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not feature within the top 10 causes of hindrances during the legal transfer of property. Searches are unlikely to be the root cause of delay in conveyancing in Stanwell.
Are there restrictive covenants that are commonly identified during conveyancing in Stanwell?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Stanwell. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the guidance of my in-laws I had a survey completed on a property in Stanwell before instructing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor has said that some lenders will refuse to give a mortgage on this type of house.
It varies from the lender to lender. Santander has different requirements from Halifax. Should you wish to call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Stanwell. Conveyancing will be smoother if you use a solicitor in Stanwell especially if they are accustomed to such properties in Stanwell.
I have been advised by a number of estate agents in Stanwell to choose a property lawyer on your site. What’s the financial inducement for Estate Agents to recommend your lawyers over and above alternative conveyancing organisations?
We don’t offer any referral fee for directing people our way. We thought it would be too underhand to pay a commission because a client could think, ‘How come the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.