I purchased a freehold premises in South Brent yet charged rent, why is this and what is this?

It’s unusual for properties in South Brent and has limited impact for conveyancing in South Brent 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 have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.

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

Me and my partner are purchasing a apartment in South Brent. I might seem paranoid but how we can trust a lawyer? At some point we have to send our life savings into their account. What protection do we have from them run away with our monies?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

A relative pointed out to me me that in buying a property in South Brent there may be various restrictions affecting the ability to carry out external changes to a property. Is this right?

We are aware of a number of properties in South Brent which have some sort of restriction or requirement of consent to perform external alterations. Part of the conveyancing in South Brent should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I'm the only beneficiary of my late father’s will with all property in now in my sole name, including the house in South Brent. The South Brent property was put into my name in April. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', which means that my proprietorship will be considered the same way as though I had purchased the property in April. Is the property unsalable for six months?

The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How sensible a view mortgage companies take of it, depend on the bank as this requirement principally exists to pick up on the purchase and immediately sell or the wholesaling and assigning of property.

We are selling our home in South Brent and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any local conveyancer would know this is not the case. It does beg the question why the buyers used a web based conveyancing practice as opposed to a conveyancing solicitor in South Brent. Having lived in South Brent for three years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification need.

It sounds as though you may have a conveyancing solicitor already. What do they say? You need to enquire of 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 sickness)

Are there restrictive covenants that are commonly picked up during conveyancing in South Brent?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in South Brent. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Should I be worried if there is an issue with one of the searches for my conveyancing in South Brent?

Ordinarily, almost all problems disclosed in South Brent conveyancing search results can be dealt with ahead of completion or indemnity insurance may be put in place. You should note that even though you may be purchasing the premises and may be willing to live with the search results, your mortgage lender may not, and ultimately the decision rests with them.