I own a freehold premises in Temple Fortune but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Temple Fortune and has limited impact for conveyancing in Temple Fortune 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 creation of fresh rentcharges post 1977.
Old 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 extinguished.
My grandfather passed away 10 months ago and as sole heir and executor I was left the property in Temple Fortune. The house had a relatively small loan remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Clydesdale, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then Clydesdale will insist on your using a conveyancer on the Clydesdale conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Clydesdale conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Clydesdale mortgage is registered as a charge at the Land Registry.
is it true that all Temple Fortune solicitors on the Virgin Money conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Virgin Money conveyancing panel they would need to be regulated by the SRA. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers.
I am selling my apartment. I had a double glazing fitted in April 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, UBS are being problematic. The Temple Fortune solicitor who is on the UBS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but UBS are insisting on a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that UBS have referred the matter to their valuer. The reason why UBS 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 instructed a Temple Fortune property lawyer having made sure that they are on the Nottingham conveyancing panel. Does my lawyer arrange the survey of the property?
Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham 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. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Temple Fortune postcode. As you are getting a mortgage with Nottingham, you could contact them to see if they have a list of approved surveyors in Temple Fortune.
I have been told that property searches are the number one reason for hinderance in Temple Fortune conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the conclusions 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 not likely to be the root cause of slowing down conveyancing in Temple Fortune.
Despite weeks of looking the Title Certificate and documents to my house can not be found. The solicitors who handled the conveyancing in Temple Fortune 4 years ago no longer exist. Will I be able to sell the house?
You no longer need to hold title deeds to prove you own the land or premises, as the Land Registry hold details of all registered land or property electronically.
How does conveyancing in Temple Fortune differ for newly converted properties?
Most buyers of new build or newly converted property in Temple Fortune come to us having been asked by the developer to exchange contracts and commit to the purchase even before the property is ready to move into. This is because house builders in Temple Fortune tend to 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 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 Temple Fortune or who has acted in the same development.