I am the registered owner of a freehold premises in Barton under Needwood but nevertheless invoiced for rent, why is this and what is this?

It is rare for properties in Barton under Needwood and has limited impact for conveyancing in Barton under Needwood 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 new rentcharges post 1977.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.

A colleague advised me that in buying a property in Barton under Needwood there may be various restrictions preventing external changes to the property. Is this right?

There are a number of properties in Barton under Needwood which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Barton under Needwood should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

We had instructed solicitors locally in Barton under Needwood on the Nottingham solicitor approved list. They have just invoiced me a separate sum for dealing with the Nottingham mortgage. Is this a supplemental conveyancing fee set by Nottingham?

Unfortunately, so long as it is in their Terms of Engagement or Quote then yes your conveyancer can levy a fee for this. This fee is not set by Nottingham but by your Barton under Needwood lawyer. Plenty of firms on the Nottingham panel will quote an ‘acting for lender’ fee but some practices incorporate it on their overall fee.

We have agreed to purchase a house in Barton under Needwood. A rare aspect is that the roof has a solar panel. Aldermore have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

As your lender is Aldermore your lawyer must comply with the conveyancing requirements outlined in Section two of UK Finance Lenders’ Handbook for Aldermore. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and lawyers are required to report to Aldermore where a lease fails to satisfy these specifications. The provisions relate to the installation of panels on properties in England and Wales and is not restricted to Barton under Needwood.

I used Wolstenholmes several years past for my conveyancing in Barton under Needwood. I now require my papers however the law firm has closed. What do I do?

You should contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Barton under Needwood of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

Just had an offer accepted on a new build flat in Barton under Needwood. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Barton under Needwood

Please confirm the Lease plans are surveyor prepared. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please supply a car parking plan.

I opted to have a survey completed on a house in Barton under Needwood before appointing lawyers. I have been told that there is a flying freehold aspect to the house. Our surveyor advised that some banks will not give a mortgage on this type of house.

It depends who your proposed lender is. Santander has different requirements from Birmingham Midshires. If you e-mail us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Barton under Needwood. Conveyancing will be smoother if you use a solicitor in Barton under Needwood especially if they are familiar with such properties in Barton under Needwood.