I own a freehold residence in Edgbaston yet pay rent, why is this and what is this?
It’s unusual for properties in Edgbaston and has limited impact for conveyancing in Edgbaston 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 post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
We're in Edgbaston, First time buyers purchasing with a mortgage (lender is Co-operative , and our lawyer is on the Co-operative conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Co-operative conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I appreciate that there are debates on Chancel Insurance on online forums. Do I need this when purchasing a residence in Edgbaston? or Apparently there is an ancient law that means some owners of property living in a parish church boundary will be compelled to contribute towards maintenance to the chancel within the church. Is this a legitimate concern for conveyancing in Edgbaston?
Unless a previous acquisition of the house took place post 12 October 2013 you may assume that solicitors conducting conveyancing in Edgbaston to continue to suggest a chancel search and or insurance against a claim.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Edgbaston?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Edgbaston. 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…’
We're FTB’s - had an offer accepted, yet the agent has warned us that the vendor will only proceed if we instruct the agent's chosen lawyers as they want a ‘quick sale’. My instinct tells me that we should use a high street solicitor accustomed to conveyancing in Edgbaston
We suspect that the owner is unaware of this request. Should the owner desire ‘a quick sale', taking such a hostile approach to a motivated buyer is going to damage their objectives. Contact the owners directly and explain that (a)you are motivated buyers (b)you are ready to go, with finances arranged © you have nothing to sell (d) you intend to proceed fast (e)however you are going to appoint your preferred Edgbaston conveyancing firm - not the ones that will earn the estate agent a referral fee or hit his conveyancing thresholds pre-set by corporate headquarters.