I am the registered owner of a freehold residence in Smethwick but still pay rent, why is this and what is this?

It’s unusual for properties in Smethwick and has limited impact for conveyancing in Smethwick 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 creation of fresh rentcharges from 1977 onwards.

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

I am buying a new build apartment in Smethwick. 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.

Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Smethwick

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are architect prepared. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. 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.

I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a straight forward, no chain conveyancing. Smethwick is where the house is located. Can you offer any advice?

Flying freeholds in Smethwick are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Smethwick you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Smethwick may ascertain 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 residence.

We are 3 weeks into a leasehold purchase having been recommend to solicitors by the local agent to carry out the conveyancing in Smethwick. We are not happy. Could you help me find new solicitors?

A lawyer would need to be really bad to suggest replacing them. Has your mortgage offer been generated? If so you need to inform them of the replacement conveyancer and ensure the loan are issued to the new lawyers. The solicitor ideally needs to be on the lenders panel to avoid escalating fees and frustration. That should be your starting point. Our search tool should help you find a bank approved lawyer for your home move in Smethwick

Can I establish who is the owner of a property in Smethwick?

On the basis that the premises is registered with HMLR, and you have enough information of the location of the property, you should be able to view results from the HMLR of the registered proprietor for a a minimal charge.