My wife and I are acquiring a newly constructed flat in Brixton and my solicitor is telling me that she has to the mortgage company to reveal incentives from the developer. I am under pressure to exchange and I would rather not delay matters. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

I am the registered owner of a freehold premises in Brixton yet charged rent, why is this and what is this?

It is rare for properties in Brixton and has limited impact for conveyancing in Brixton 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 fresh rentcharges post 1977.

Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.

We hope to to purchase with Darlington Building Society. We have called around locally but am struggling to find a Brixton conveyancing firm on the Darlington Building Society approved list. Can you help?

You should make use of the search tool on this page. Please choose the building society and type Brixton or your location and you will be presented with numerous solicitors located in Brixton or near you.

Should my solicitor be asking questions regarding flooding during the conveyancing in Brixton.

Flooding is a growing risk for conveyancers conducting conveyancing in Brixton. There are those who buy a property in Brixton, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to impart advice on flood risk, but there are a numerous searches that may be undertaken by the purchaser or by their solicitors which should figure out the risks in Brixton. The conventional set of information sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the vendor to find out if the property has ever been flooded. In the event that the premises has been flooded in past which is not revealed by the owner, then a buyer may issue a claim for damages resulting from an incorrect response. The buyer’s lawyers should also carry out an environmental search. This will disclose if there is any known flood risk. If so, more detailed inquiries will need to be made.

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Brixton is where the house is located. Is there any advice you can impart?

Flying freeholds in Brixton are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brixton you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brixton may decide 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 premises.