I own a freehold property in Shortlands but nevertheless charged rent, why is this and what is this?
It is rare for properties in Shortlands and has limited impact for conveyancing in Shortlands 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 hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
My aunt passed away last year and as sole heir and executor I was left the house in Shortlands. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this allowed?
Where you intend to refinance then Aldermore will require that you use a conveyancer on the Aldermore conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Aldermore conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Aldermore mortgage is registered as a charge at the Land Registry.
Just had an offer accepted on a new build flat in Shortlands. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Shortlands
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
Due to the guidance of my in-laws I had a survey completed on a property in Shortlands in advance of appointing solicitors. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some lenders will not give a mortgage on such a house.
It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. If you call us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Shortlands. Conveyancing may be slightly more expensive based on your lender's requirements.
My uncle has encouraged me to use his conveyancers in Shortlands. Should I find my own solicitor?
Much as we are happy to recommend a Shortlands conveyancing lawyer it’s preferable to select a conveyancing practitioner is to seek referrals from friends or family who have actually previously instructed the firm you're considering.