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

It’s unusual for properties in Redland and has limited impact for conveyancing in Redland 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 from 1977 onwards.

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

Should our conveyancer be raising questions regarding flooding as part of the conveyancing in Redland.

The risk of flooding is if increasing concern for lawyers dealing with homes in Redland. Plenty of people will buy a house in Redland, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, however there are a number of checks that may be initiated by the buyer or by their solicitors which should give them a better appreciation of the risks in Redland. The conventional set of completed inquiry forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a usual question of the vendor to discover whether the property has ever been flooded. In the event that the property has been flooded in past which is not notified by the vendor, then a buyer could commence a claim for damages stemming from an incorrect response. A buyer’s solicitors will also order an environmental report. This will reveal whether there is a recorded flood risk. If so, more detailed inquiries should be made.

Me and my brother purchased a terraced Georgian property in Redland. Conveyancing lawyer represented me and Norwich and Peterborough Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold with the matching property. Is it worth asking Norwich and Peterborough Building Society to clarify?

You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Redland and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with the conveyancing lawyer who completed the work.

How does conveyancing in Redland differ for newly converted properties?

Most buyers of new build residence in Redland contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is built. This is because house builders in Redland typically buy the real estate, 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 property lawyers 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 used to new build conveyancing in Redland or who has acted in the same development.

I am looking for a ground for flat up to £245,000 and found one round the corner in Redland I like with a park and station nearby, the downside is that it only has 49 remaining years left on the lease. I can't really find anything else in Redland in this price bracket, so just wondered if I would be making a mistake purchasing a lease with such few years left?

Should you need a mortgage the shortness of the lease will be problematic. Discount the price by the expected lease extension will cost if not already taken into account. If the existing owner has owned the property for at least 2 years you can ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.