I purchased a freehold residence in Middleton St George but nevertheless charged rent, why is this and what is this?

It’s unusual for properties in Middleton St George and has limited impact for conveyancing in Middleton St George 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.

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

Me and my brother purchased a renovated Edwardian property in Middleton St George. Conveyancing practitioner represented me and Lloyds TSB Bank. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold under the matching property. I thought I was buying a freehold how can I check?

You need to review the Freehold register you have again and check the Charges Register for 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 Middleton St George and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the position with your conveyancing practitioner who conducted the conveyancing.

Due to the guidance of my in-laws I had a survey completed on a property in Middleton St George before instructing lawyers. I have been informed that there is a flying freehold overhang to the house. The surveyor has said that some lenders will not give a loan on such a home.

It depends who your proposed lender is. Santander has different requirements for example to Nationwide. Should you wish to call us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Middleton St George. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Middleton St George to see if the conveyancing will be more expensive.

Is it best to choose a Middleton St George conveyancing practitioner based in the location that I am purchasing? We have a good friend who can perform the legal formalities however her office is 200miles away.

The primary upside of using a local Middleton St George conveyancing firm is that you can visit the firm to sign documents, deliver your identification documents and apply pressure on them where appropriate. They will also have local intelligence which is a plus. That being said nothing is more important than finding someone that will do a good and efficient job. If other friends have instructed your friend and the majority were happy that must trump using an unfamiliar Middleton St George conveyancing lawyer just because they are Middleton St George based.

I have recently realised that I have Sixty One years left on my lease in Middleton St George. I now want to get lease extension but my freeholder is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases an enquiry agent would be helpful to conduct investigations and to produce a report which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Middleton St George.

I bought a split level flat in Middleton St George, conveyancing formalities finalised March 2011. Can you work out an approximate cost of a lease extension? Comparable properties in Middleton St George with a long lease are worth £186,000. The ground rent is £55 levied per year. The lease terminates on 21st October 2078

With only 53 years unexpired the likely cost is going to span between £27,600 and £31,800 plus plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to provide the actual costs without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.