I own a freehold property in Hawkhurst but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Hawkhurst and has limited impact for conveyancing in Hawkhurst 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 many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.

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

My father pointed out to me me that in buying a property in Hawkhurst there may be various restrictions limiting what one can do in terms of external changes to a property. Is this right?

There are anumerous of properties in Hawkhurst which have some sort of restriction or requirement of consent to execute external changes. Part of the conveyancing in Hawkhurst should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

I am the only beneficiary of my late father’s will with all property in now in my sole name, including the my former home in Hawkhurst. Conveyancing formalities meant that the Land Registry date was in January. I plan to dispose of the property. I understand that there is a Mortgage Lenders six month 'rule', which means that my property ownership may be regarded the same way as though I had purchased the property in January. Will no one buy the property for half a year?

The CML handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. How sensible a view lenders take of it, depend on the mortgage company as this provision chiefly exists to capture the purchase and immediately sell or the wholesaling and assigning of property.

I am currently in the process of buying my council flat in Hawkhurst. I have a mortgage agreed with HSBC. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with HSBC, you will need to appoint a solicitor on the HSBC conveyancing panel.

A friend suggested that if I am buying in Hawkhurst I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?

This is a search is usually included in the estimate for your Hawkhurst conveyancing searches. It is not a small report of about 40 pages, listing and setting out significant information about Hawkhurst around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with plans and statistics, Local Amenities and other useful information about Hawkhurst.

Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a simple, chain free conveyancing. Hawkhurst is where the house is located. What do you suggest?

Flying freeholds in Hawkhurst are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Hawkhurst you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hawkhurst may ascertain 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.

As co-executor for the estate of my aunt I am disposing of a residence in Newport but live in Hawkhurst. My conveyancer (who is 200 miles from merequires that I sign a statutory declaration ahead of completion. Can you recommend a conveyancing solicitor in Hawkhurst to attest and place their company stamp on the document?

strictly speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will suffice regardless of whether they are based in Hawkhurst