I am buying a property without a mortgage in Leicestershire. I have lived for the previous Seventeen years in Leicestershire. Conveyancing searches are a lot of money. As I have knowledge of the road and vicinity intimately should I not bother getting the solicitor to do all the conveyancing searches?

If you not getting a mortgage, then the vast majority of the Leicestershire conveyancing searches are non-obligatory. Your lawyer will ’encourage you, no-doubt strongly, that you should have searches carried out, but he has a professional duty to do this. Do take into account; if you are going to dispose of the house at a future date, it could be of importance to your prospective buyer what the searches disclose. Sometimes houses with apparent issues can still show up unfavourable search results. A good conveyancing solicitor in Leicestershire will provide you some sensible advice concerning this.

I own a freehold residence in Leicestershire yet charged rent, why is this and what is this?

It’s unusual for properties in Leicestershire and has limited impact for conveyancing in Leicestershire 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 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 after 2037 will be extinguished.

Will commercial conveyancing searches reveal planned roadworks that could impact a commercial land in Leicestershire?

Many commercial conveyancing solicitors in Leicestershire will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in looking into accurate data on highways that impact buildings and development assets in Leicestershire. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Leicestershire.

For each commercial conveyancing transaction in Leicestershire it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately can result in delays to Leicestershire commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not conducted for residential conveyancing in Leicestershire.

My wife and I have a 4 bedroom Georgian house in Leicestershire. Conveyancing solicitor acted for me and Leeds Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?

You should read 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 Leicestershire and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with the conveyancing practitioner who completed the work.

Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what should have been a straight forward, chain free conveyancing. Leicestershire is the location of the property. Is there any guidance you can impart?

Flying freeholds in Leicestershire are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Leicestershire you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Leicestershire 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 residence.