I purchased a freehold property in Breaston but nevertheless invoiced for rent, why is this and what is this?

It’s unusual for properties in Breaston and has limited impact for conveyancing in Breaston 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 generation of new 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.

We wanted to use a conveyancing solicitor in Breaston for our house move. Our broker informed us that our mortgage company Norwich and Peterborough Building Society won't deal with them. Surely this is unfair competition?

A decade ago most mortgage companies had a different appetite for risk. Almost all Breaston conveyancing firms would have been on most bank panels. The FSA in 2010 completed a thematic review into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, mortgage companies are increasingly seeing more data from law firms relating to their operations and their employees as well as establishing certain criteria such a completing on a minimum number of conveyancing. Many Breaston conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Breaston is one of the many locations where the lawyers we list are are authorised to act for Norwich and Peterborough Building Society.

Should commercial conveyancing searches disclose proposed roadworks that could impact a commercial estate in Breaston?

Its becoming the norm that commercial conveyancing solicitors in Breaston will carry out a SiteSolutions Highways report as it reduces the time that conveyancers invest in looking into accurate data on highways that impact buildings and development assets in Breaston. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Breaston.

For each commercial conveyancing transaction in Breaston it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may result in delays to Breaston commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Breaston.

I am looking for a leasehold apartment up to £235,500 and found one near me in Breaston I like with open areas and transport links nearby, the downside is that it's only got 51 years on the lease. There is not much else in Breaston for this price, so just wondered if I would be making a mistake buying a short lease?

If you need a home loan the remaining unexpired lease term may be a potential deal breaker. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the current owner has owned the property for at least 2 years you can ask them to start the process of the extension and pass it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should speak to your conveyancing lawyer concerning this matter.

The conveyancers carrying out our conveyancing in Breaston has sent documents to review that reveal that the property is unregistered with epitome documents. Is it not the case that all property in Breaston should be registered?

Whilst most properties in Breaston are now registered with HM Land Registry there are still a few that remain unregistered. Any property in Breaston that has been remortgaged since the late 1980’s will have been registered at the HMLR under the compulsory ‘first registration’ scheme. However, if a Breaston property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Many Breaston conveyancing lawyers should be capable of dealing with this type of conveyancing but if any uncertainty prevails the prevailing guidance these days is for the vendor’s solicitor to address the registration formalities first and subsequently sell - this can though naturally result in a significant delay.