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Recently asked questions about conveyancing in Edwinstowe

I purchased a freehold residence in Edwinstowe yet charged rent, why is this and what is this?

It’s unusual for properties in Edwinstowe and has limited impact for conveyancing in Edwinstowe 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 generation 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 post 2037 will be dispensed with completely.

I have a 4 bedroom Georgian property in Edwinstowe. Conveyancing solicitor represented me and The Royal Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold with the exact same address. Is it worth asking The Royal Bank of Scotland to clarify?

You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Edwinstowe and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the position with the conveyancing solicitor who completed the work.

I need to instruct a conveyancing lawyer in Edwinstowe for my house move. Is it possible to check a solicitor's complaints history with the legal regulator?

You can find presented Solicitor Regulator Association (SRA) decisions stemming from investigations commenced on or after 1 January 2008. Go to Check a solicitor's record. To find details about the period before 1 January 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, dial +44 (0)121 329 6800. The regulator could recorded telephone calls for training purposes.

Last January I purchased a leasehold house in Edwinstowe. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner 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).

Leasehold Conveyancing in Edwinstowe - A selection of Questions you should consider Prior to buying

    In the main the cost for major works are not included within maintenance charges, albeit that some managing agents in Edwinstowe ask leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance. Most Edwinstowe leasehold apartments will incur a service bill for maintenance of the building levied by the management company. If you buy the apartment you will have to pay this contribution, normally periodically during the year. This can differ from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent for you to pay yearly, ordinarily this is not a exorbitant sum, say approximately £50-£100 but you should to check it because sometimes it could be surprisingly expensive. How many years are left on the lease?

A licensed conveyancer dealt with my conveyancing in Edwinstowe half a dozen years ago having stored my deeds but has now closed – how do I retreive them?

Deeds, as such, no longer exist as most homes in Edwinstowe are archived digitally at Land Registry. If you need to show ownership or are disposing of or re-mortgaging your lawyer should obtain up to date copies of the register from the Land Registry in any case.

If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.

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