I own a freehold house in Stapleton yet charged rent, why is this and what is this?
It’s unusual for properties in Stapleton and has limited impact for conveyancing in Stapleton 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 generation of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
Last month we had a mortgage agreed in principle with Santander. Stapleton conveyancing practitioners were selected. How long does it take for Santander to send the offer to the solicitor?
Some lenders take longer than others. Have Santander done the valuation? Have you informed Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
We have agreed to purchase a house in Stapleton. One unusual aspect is that the roof has a solar panel. Clydesdale have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Clydesdale your lawyer must check the formal requirements contained in Part 2 of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook contains minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to Clydesdale where a lease does not meet these specifications. The conditions relate to the installation of panels on properties in England and Wales and is not restricted to Stapleton.
Having read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Stapleton solicitor - who is on the Yorkshire BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Stapleton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Should our lawyer be raising enquiries concerning flooding during the conveyancing in Stapleton.
The risk of flooding is if increasing concern for lawyers dealing with homes in Stapleton. Plenty of people will purchase a property in Stapleton, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, but there are a number of searches that can be initiated by the purchaser or by their conveyancers which should give them a better appreciation of the risks in Stapleton. The standard completed inquiry forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the vendor to determine if the premises has suffered from flooding. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser could commence a compensation claim as a result of such an incorrect answer. The purchaser’s solicitors may also carry out an environmental report. This should disclose if there is a recorded flood risk. If so, further inquiries will need to be made.
Are there restrictive covenants that are commonly identified as part of conveyancing in Stapleton?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Stapleton. 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…’
How does conveyancing in Stapleton differ for newly converted properties?
Most buyers of new build property in Stapleton contact us having been asked by the seller to sign contracts and commit to the purchase even before the property is finished. This is because house builders in Stapleton usually buy the land, 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 Stapleton or who has acted in the same development.
Are there any apps to help search for a Stapleton law firm on the Godiva Mortgages Ltd conveyancing panel? I have a car and am happy to travel upto 20miles to meet the lawyer.
Feel free to make use of the search on this website. Please choose the bank and your location and you will see a number of Stapleton conveyancing lawyers locally. We have detailed some Stapleton conveyancing firms towards the end of this page and you can call them to check if they are on the Godiva Mortgages Ltd member panel