I am the registered owner of a freehold house in Reigate yet invoiced for rent, why is this and what is this?

It’s unusual for properties in Reigate and has limited impact for conveyancing in Reigate 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 establishment of new rentcharges post 1977.

Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.

I purchased a renovated Victorian house in Reigate. Conveyancing practitioner acted for me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the exact same property. I thought I was buying a freehold how can I check?

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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Reigate and other locations in 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 purchasers. You can also enquire as to the situation with the conveyancing practitioner who conducted the purchase.

Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a straight forward, no chain conveyancing. Reigate is where the house is located. Can you shed any light on this issue?

Flying freeholds in Reigate are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Reigate you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Reigate may decide 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.

Is it best to instruct a Reigate conveyancing lawyer based in the vicinity that I am hoping to buy? We have a good friend who can carry out the conveyancing however his firm is located 300miles away.

The benefit of a local Reigate conveyancing firm is that you can visit the firm to execute documents, deliver your identification documents and pester them where appropriate. Having local Reigate know how is a bonus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust instructed your friend and they were content that should trump using an unknown Reigate conveyancing solicitor just because they are round the corner.

I pay a maintenance fee for my flat in Reigate. As a result of personal circumstances I slipped behind with payments. The freeholders agreed a clearance plan but there remains three grand left to be paid.

I am under pressure to sell and I am worried this may hold me back if I have to pay off the arrears first. Do I have to settle before - is this viable?

It would be wise to clarify with the property lawyer dealing with your Reigate conveyancing but it might be possible to arrange for the arrears to be transferred to the buyers. The sale price due would be reduced to reflect the amount of debt they take on. They would then deal with the arrears once they are the owners.