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Recently asked questions about conveyancing in Barnstaple

I own a freehold residence in Barnstaple yet charged rent, why is this and what is this?

It is rare for properties in Barnstaple and has limited impact for conveyancing in Barnstaple 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 from 1977 onwards.

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

My wife and I purchased a 4 bedroom Georgian property in Barnstaple. Conveyancing practitioner represented me and Birmingham Midshires. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, the second leasehold with the exact same property. Is it worth asking Birmingham Midshires 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 Barnstaple and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing practitioner who conducted the work.

How does conveyancing in Barnstaple differ for newly converted properties?

Most buyers of new build or newly converted property in Barnstaple contact us having been asked by the builder to sign contracts and commit to the purchase even before the house is built. This is because builders in Barnstaple typically purchase 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 Barnstaple or who has acted in the same development.

Should I be wary about estate agents that I am dealing with are encouraging me to use an online conveyancing firm as opposed to a High Street Barnstaple conveyancing firm?

As is the case with lots of service providers, often input from connections can be worth their weight in gold. Yet there are numerous people with a keen interest in a conveyancing matter; estate agents, mortgage brokers and banks may suggest conveyancers to retain. Sometimes these solicitors might be known to one of the organisations as one of the best in their field, but occasionally there might be a commercial relationship behind the recommendation. You have the right to choose your own lawyer. Don't forget that the majority of banks operate an approved list of conveyancers you must use for the mortgage related work in your conveyancing.

As co-executor for the estate of my father I am selling a house in Swansea but reside in Barnstaple. My conveyancer (who is 235 miles awayhas requested that I sign a statutory declaration prior to completion. Can you recommend a conveyancing lawyer in Barnstaple to witness this legal document for me?

strictly speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will suffice regardless of whether they are located in Barnstaple

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Neighbouring Locations

Ilfracombe
Woolacombe
Braunton
Barnstaple
Bideford
Torrington
Umberleigh

Find out more about how flying freehold can affect your the value of a property.