I am in the market for a low cost property lawyer. Should I go for for a national conveyancer as opposed to a local Whitby conveyancing lawyer?
In the main conveyancing practitioners in your neck of the woods will benefit from strong relationships with your local authority, which can help with your Whitby conveyancing searches that your solicitor will require on your transaction. It also helps if they enjoy existing relationships with the Land Registry in your area Whitby, other lawyers in the neighbourhood and Whitby selling agents.
I am the registered owner of a freehold premises in Whitby yet pay rent, why is this and what is this?
It is rare for properties in Whitby and has limited impact for conveyancing in Whitby 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 fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
If you had a top tip for selecting a conveyancing solicitor in Whitby what would it be?
We would encourage you not to go for the cheapest Whitby conveyancing quote. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
When it comes to mortgage companies such as TSB, do Whitby solicitors have to pay an annual charge to be on the conveyancing panel?
We are unaware of any lender fees to register on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.
Can I be sure that the Whitby conveyancing solicitor on the Kent Reliance panel is any good?
When it comes to conveyancing in Whitby getting recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always recommend that you speak with the solicitor handling your transaction.
I am downsizing from our house in Whitby and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. A high street Whitby lawyer would know that there is no such problem. It does beg the question why the purchasers instructed an online conveyancing outfit as opposed to a conveyancing solicitor in Whitby. Having lived in Whitby for six years we know of no issue. Is it a good idea to contact our local Authority to get clarification that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer currently acting for you. What do they say? You must 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 life insurance to cover that same ailment)
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what should have been a quick, no chain conveyancing. Whitby is where the house is located. Is there any guidance you can impart?
Flying freeholds in Whitby are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Whitby you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Whitby may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Back In 2006, I bought a leasehold house in Whitby. Conveyancing and Accord Mortgages Ltd mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Whitby who acted for me is not around. What should I do?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Whitby conveyancing lawyer to do this as it can be done on-line for £3. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Whitby Leasehold Conveyancing - Sample of Queries before buying
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How many years remain on the lease? Make sure you investigate if there is anything that is prohibited in the lease. For example it is fairly common in Whitby leases that pets are not allowed in in a block in Whitby. If you love the flatin Whitby but your cat is not allowed to move with you then you will be faced difficult decision.