I am the registered owner of a freehold residence in Leigh but still invoiced for rent, why is this and what is this?

It’s unusual for properties in Leigh and has limited impact for conveyancing in Leigh 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 fresh rentcharges from 1977 onwards.

Old 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 extinguished.

Should our lawyer be raising enquiries about flooding as part of the conveyancing in Leigh.

Flooding is a growing risk for solicitors dealing with homes in Leigh. There are those who purchase a property in Leigh, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Conveyancers are not best placed to offer advice on flood risk, however there are a number of checks that may be initiated by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Leigh. The standard information supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to discover if the property has suffered from flooding. If the premises has been flooded in past and is not notified by the owner, then a purchaser may commence a claim for damages stemming from an misleading reply. The purchaser’s solicitors will also conduct an environmental search. This will disclose whether there is a recorded flood risk. If so, more detailed inquiries should be initiated.

I'm buying a new build house in Leigh with a loan from Yorkshire Building Society. The developers refused to budge the amount so I negotiated 6k of fixtures and fittings instead. The property agent advised me not disclose to my solicitor about this deal as it could impact my mortgage with Yorkshire Building Society. Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a simple, chain free conveyancing. Leigh is where the house is located. What do you suggest?

Flying freeholds in Leigh are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Leigh you would need to get your solicitor to go 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 Leigh 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 residence.

I'm converting the mortgage on my primary house to a buy to let mortgage with The Mortgage Works and I will use the ballance of the raised equity as a down payment on further property. The location we are interested in is Leigh. Will your lawyers be able to act for both sets of mortgage companies and tie in the transactions?

Make use of our search tool on this page to ensure that the solicitors are on the relevant lender panels. Having checked that they are your conveyancer should be able to tie up the two deals but you should have a chat with you solicitor and make apparent your desired outcome and needs.