I purchased a freehold residence in Windermere yet pay rent, why is this and what is this?
It is rare for properties in Windermere and has limited impact for conveyancing in Windermere 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 establishment of new 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 after 2037 is to be dispensed with completely.
I happen to be the single recipient of my late father’s estate with all property in now in my sole name, including the house in Windermere. Conveyancing formalities meant that the Land Registry date was in March. I want to move. I do know about the CML six month 'rule', which means that my property ownership could be regarded the same way as if I'd bought the property in March. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How practical a view mortgage companies take of it, depend on the mortgage company as this clause is principally there to capture subsales or the wholesaling and assigning of property.
We have a mortgage agreed in principle with Clydesdale. Windermere conveyancing solicitors have been appointed. What is the average time that one could expect to receive a mortgage offer from Clydesdale?
Some lenders take longer than others. Have Clydesdale conducted the valuation? Have you advised Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I recently had an offer agreed on a house in Windermere. My mortgage broker pressured me to appoint their conveyancer. I paid an on account payment of £200. Soon after, the property lawyer called me embarrassingly acknowledging that they were not on the Lloyds conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Lloyds panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
My partner and I are planning on selling our home in Windermere and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any high street Windermere lawyer would know this is not the case. For the life of me I don't know why the buyers instructed a national conveyancing firm as opposed to a conveyancing solicitor in Windermere. We have lived in Windermere for three years we know of no issue. Is it a good idea to contact our local Authority to get confirmation need.
It sounds as though you may have a conveyancing lawyer already. What do they say? You must check with 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 illness)
Despite weeks of looking the Title Certificate and documents to my home are lost. The lawyers who conducted the conveyancing in Windermere 4 years ago are no longer around. What are my options?
You no longer need to have the physical original deeds to prove you own the land or property, given that the Land Registry hold details of all registered land or property electronically.
I opted to have a survey done on a house in Windermere in advance of instructing lawyers. I have been informed that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies will not issue a loan on such a house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. If you call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Windermere. Conveyancing will be smoother if you use a solicitor in Windermere especially if they are familiar with such properties in Windermere.
I am a fortnight into a leasehold purchase having been recommend to conveyancers by the high street agent to carry out the conveyancing in Windermere. I am am extremely dissatisfied with the level of service. Could you you assist me in finding new solicitors?
They would have to be very bad in order to consider replacing them. Has your loan offer been sent? If so you need to make them aware of the new contact details and have the offer are re-sent. Your conveyancer should be on the banks panel to avoid supplemental costs and complications. That should be your first question of the new solicitors. The search tool will assist you in finding a lender approved lawyer for your conveyancing in Windermere