I own a freehold house in Cumbria yet pay rent, why is this and what is this?
It is rare for properties in Cumbria and has limited impact for conveyancing in Cumbria 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 hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
Will my solicitor be making enquiries about flooding as part of the conveyancing in Cumbria.
Flooding is a growing risk for conveyancers carrying out conveyancing in Cumbria. Plenty of people will purchase a house in Cumbria, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Lawyers are not qualified to impart advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or by their lawyers which will figure out the risks in Cumbria. The conventional set of information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the seller to determine if the premises has ever been flooded. If flooding has previously occurred and is not revealed by the owner, then a purchaser may issue a compensation claim resulting from an misleading reply. A purchaser’s lawyers may also order an environmental search. This should higlight whether there is any known flood risk. If so, further investigations will need to be made.
Despite weeks of looking the Title Certificate and documents to my property can not be found. The solicitors who handled the conveyancing in Cumbria 5 years ago are no longer around. What do I do?
Assuming you have a registered title the information relating to your ownership will be documented by HMLR under a Title Number. It is easy to perform a search at the Land Registry, find your house and obtain up to date copies of the Registered Entries for less than a fiver. Where the title is Leasehold then the Land Registry will usually retain a file copy of the Registered Lease and again, a copy can be retrieved for a small fee.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a straight forward, no chain conveyancing. Cumbria is the location of the property. Can you offer any assistance?
Flying freeholds in Cumbria 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 Cumbria you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cumbria may determine 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 property.
I am 17 days into a leasehold purchase having been referred to solicitors by the local agent to perform conveyancing in Cumbria. We are not happy. Can you help me find new lawyers?
They would have to be very bad to suggest replacing them. Has your mortgage offer been sent? If so you must advise them of the new conveyancer and have the offer are issued to the new lawyers. Your new conveyancer should be on the banks panel to avoid escalating fees and frustration. That should be your starting point. Our find a solicitor tool can help you find a lender approved lawyer for your conveyancing in Cumbria