I own a freehold property in Stowmarket but nevertheless charged rent, why is this and what is this?

It is rare for properties in Stowmarket and has limited impact for conveyancing in Stowmarket 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 hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.

I am purchasing a detached bungalow in Stowmarket. Our aim is to carry out an extension to the side at the property.Will legal conveyancing on the property involve enquiries to determine if these works were previously refused?

Your solicitor will review the deeds as conveyancing in Stowmarket will occasionally identify restrictions in the title deeds which prevent certain changes or necessitated the permission of another owner. Some works call for local authority planning permissions and approval under the building regulations. Some locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be sensible to check these issues with a surveyor ahead of any purchase.

I have decided to exercise my right to buy my property in Stowmarket off the council. I have a mortgage offer with Kent Reliance. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.

I am selling my house. I had a double glazing fitted in November 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Clydesdale are being difficult. The Stowmarket solicitor who is on the Clydesdale conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?

It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Are there restrictive covenants that are commonly picked up as part of conveyancing in Stowmarket?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Stowmarket. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Due to the advice of my in-laws I had a survey completed on a house in Stowmarket ahead of instructing lawyers. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies will not issue a loan on this type of home.

It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Stowmarket. Conveyancing may be slightly more expensive based on your lender's requirements.

Can you refer me to a property lawyer for purchasing a house? Ideally someone in Stowmarket, who will contact me via email - not someone who insists on a letter in the post or fax.

LenderPanel.com is limited to being a directory service for solicitors who wish to be listed as being on the approved conveyancing panel for Nationwide in certain locations such as Stowmarket . We dont recommend any particular solicitor.