I am the registered owner of a freehold premises in Carmel but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Carmel and has limited impact for conveyancing in Carmel 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 new rentcharges post 1977.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.

My husband and I intend to purchase a newly converted flat in Carmel with a loan from National Westminster Bank.We use our Carmel conveyancing solicitor but National Westminster Bank informed us his firm is not on their "panel". we are left little option but to use a National Westminster Bank panel lawyer or keep our high street solicitor and fork out for a National Westminster Bank panel lawyer to represent them. This seems very unfair; Can we not simply insist that National Westminster Bank use our lawyer?

Unfortunately,no. The home loan issued to you is subject to its various provisions, a common one being that lawyers must be on the National Westminster Bank solicitor panel. Until recently, most mortgage companies had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for National Westminster Bank

When it comes to lenders such as RBS, do Carmel conveyancers incur a yearly amount to be on the conveyancing panel?

We are unaware of any bank fees to register on their list of approved firms, although some do levy an administration fee to deal with the processing of the conveyancing panel application.

My partner and I have arranged the release of further funds on our mortgage from Principality as we want to carry out renovations to our property in Carmel. Are we obliged to choose a nearby Carmel solicitor on the Principality conveyancing panel to deal with the legals?

Principality do not ordinarily instruct a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Principality list.

I have paid off my mortgage with Barclays. I assume I don't need a Carmel conveyancer on the Barclays panel to discharge the mortgage at the Land Registry. Am I right?

If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Barclays has sent the Land Registry the discharge electronically, and
3. Barclays has instructed the Land Registry to do so

We are buying a property and the conveyancer has raised the issue of Chancel Repair to which the property could be obligated to pay given it’s proximity to the area of such a church. He has mentioned insurance. Is this really necessary for conveyancing in Carmel

Unless a prior purchase of the premises completed after 12 October 2013 you can take it that lawyers handling conveyancing in Carmel to remain encouraging a chancel search and or insurance against a claim.

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