I am the registered owner of a freehold premises in Sheerness but nevertheless charged rent, why is this and what is this?
It is rare for properties in Sheerness and has limited impact for conveyancing in Sheerness 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 generation of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
The Sheerness conveyancing solicitors that I appointed last week on my house acquisition in Sheerness have without warning closed. I chose them because I needed a solicitor on the Skipton conveyancing panel and my previous Sheerness lawyer was not. I wrote them a cheque for two hundred pounds in advance. What do I do now?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they can let the sellers know that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Skipton conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to assist.
Is it the case that all Sheerness conveyancing solicitors on the Skipton conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Skipton conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Some lenders do allow licenced conveyancers on their panel and in such a situation the organisation would be regulated by the Council of Licensed Conveyancers.
We had chosen conveyancers based in Sheerness on the Co-operative solicitor approved list. They have just billed me a supplemental fee for the legal aspects of the Co-operative mortgage. Is this a supplemental conveyancing fee set by Co-operative?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your property lawyer can levy a fee for this. The fee is not set by Co-operative but by your Sheerness conveyancing practitioner. Numerous firms on the Co-operative panel will charge ’dealing with mortgage’ fee but some practices include it on their overall fee.
I am purchasing a property in Sheerness. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Lloyds be concerned?
As your lender is Lloyds your lawyer must comply with the conveyancing requirements contained in Part 2 of UK Finance Lenders’ Handbook for Lloyds. The Council of Mortgage Lenders’ Handbook sets out minimum requirements for solar panel roof-space leases, and lawyers are required to report to Lloyds where a lease does not comply with these provisions. The provisions relate to the installation of panels on properties countrywide and is not limited to Sheerness.
Due to the encouragement of my in-laws I had a survey completed on a property in Sheerness prior to appointing lawyers. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some banks tend refuse to issue a mortgage on such a home.
It depends who your proposed lender is. HSBC has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Sheerness. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Sheerness to see if the conveyancing will be more expensive.
My parents cant seem to find their Sheerness land registry title on the online search facility. They have a vague recollection sixty years ago when they purchased the property there were complications concerning the post code not being identified on some systems.
The vast majority of properties in Sheerness should show up. Have you tried a search to simply the postcode. Ordinarily it will disclose all the premises inside that postcode. Assuming the property is registered it will show up with a title number. Where they bought 50 years ago it's conceivable it may be not yet registered. The address could still be revealed but with the title number shown 'na'. In this scenario you will need to locate the original title documentation which might be with your parent’s bank.