I decided to go with a Castleton based solicitor for our conveyancing in Castleton last week. Upon checking the fine print I notewe are responsible for charges even where the conveyance does not complete. Should I go with them or appoint a web based solicitor practice promising no move no charge conveyancing in Castleton?

Generally there is a concession along the lines that if "No Sale No Fee" is available then the conveyancing charges will generally be more expensive to cover those conveyances that abort. You should be mindful that such schemes generally do not protect you from outlay by way of example Castleton conveyancing search costs.

I purchased a freehold premises in Castleton but still pay rent, why is this and what is this?

It is rare for properties in Castleton and has limited impact for conveyancing in Castleton 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 creation of new rentcharges from 1977 onwards.

Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.

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

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Castleton. 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…’

I opted to have a survey carried out on a house in Castleton before instructing conveyancers. I have been advised that there is a flying freehold element to the property. My surveyor advised that some banks will refuse to grant a loan on this type of house.

It depends who your proposed lender is. HSBC has different requirements from Halifax. Should you wish to telephone us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Castleton. Conveyancing will be smoother if you use a solicitor in Castleton especially if they are accustomed to such properties in Castleton.

I've recently bought a leasehold flat in Castleton. Do I have any liability for service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Castleton Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

Make sure you find out if there is anything that is prohibited in the lease. For example it is fairly common in Castleton leases that pets are not permitted in certain buildings in Castleton. If you like the flatin Castleton yet your dog is not allowed to live with you then you will be presented with a difficult choice. How many of the leaseholders are in arrears for their service charge payments? Please tell me if there are any major works in the near future that could add a premium to the maintenance costs?