I own a freehold residence in Canterbury but still pay rent, why is this and what is this?
It’s unusual for properties in Canterbury and has limited impact for conveyancing in Canterbury 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 creation of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
I am told that my conveyancing solicitors will need to check that the building insurance for my purchase of a house in Canterbury. My lender is The Mortgage Works
The Mortgage Works have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 10/7/2019, the requirements read as follows :
Will commercial conveyancing searches disclose proposed roadworks that may impact a commercial property in Canterbury?
Its becoming the norm that commercial conveyancing solicitors in Canterbury will execute a SiteSolutions Highways report as it reduces the time that conveyancers spend in sourcing accurate data on highways that impact buildings and development assets in Canterbury. The search result provides 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 Canterbury.
For every commercial conveyancing transaction in Canterbury it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately could cause delays to Canterbury commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not conducted for residential conveyancing in Canterbury.
How does conveyancing in Canterbury differ for new build properties?
Most buyers of new build residence in Canterbury come to us having been asked by the builder to exchange contracts and commit to the purchase even before the property is built. This is because developers in Canterbury typically purchase the site, 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 accustomed to new build conveyancing in Canterbury or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a property in Canterbury in advance of instructing lawyers. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some banks will not grant a mortgage on such a premises.
It depends who your proposed lender is. Lloyds has different instructions from Nationwide. Should you wish to call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Canterbury. Conveyancing will be smoother if you use a solicitor in Canterbury especially if they regularly deal with such properties in Canterbury.