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Recently asked questions about conveyancing in Cottingham

I am the registered owner of a freehold house in Cottingham but still pay rent, why is this and what is this?

It’s unusual for properties in Cottingham and has limited impact for conveyancing in Cottingham 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 creation of fresh rentcharges from 1977 onwards.

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

I note that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when buying a house in Cottingham? or Apparently there is a law dating back centuries that could mean that homeowners residing in a parish church boundary may be liable to contribute towards maintenance towards the chancel in proximity to the church. Is this applicable for conveyancing in Cottingham?

Unless a previous purchase of the premises completed post 12 October 2013 you may assume that conveyancing practitioners delivering conveyancing in Cottingham to continue to advocate a chancel search and or insurance against a claim.

I am buying a new build apartment in Cottingham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Cottingham

    Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are surveyor prepared.

I've recently found out that there is a flying freehold element on a property I have offered on last month in what was supposed to be a simple, chain free conveyancing. Cottingham is the location of the property. Can you offer any opinion?

Flying freeholds in Cottingham are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Cottingham you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cottingham may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

My uncle has recommend that I appoint his conveyancers in Cottingham. Do I take his guidance?

No doubt the ideal way to choose a conveyancing practitioner is to get feedback from friends or relatives who have actually used the firm you're contemplating using.

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