I am selling my house in Sychdyn and the estate agent has just e-mailed to warn that the purchasers are switching property lawyer. The reason given is that the bank will only deal with solicitors on their approved list. Why would a big named lender only deal with certain solicitors rather the firm that they want to choose to handle their conveyancing in Sychdyn ?
UK lenders have always had panels of law firms they are willing to work with, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for over 25 years.
Mortgage companies blame a rise in fraud by way of justification for the reduction – criteria have been narrowed as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any sway in the decision.
I own a freehold property in Sychdyn but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Sychdyn and has limited impact for conveyancing in Sychdyn 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 creation of new rentcharges post 1977.
Previous rentcharges can now be extinguished 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 own a 4 bedroom Edwardian property in Sychdyn. Conveyancing solicitor acted for me and Nottingham Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold under the matching property. Is it worth asking Nottingham Building Society to clarify?
You need to 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Sychdyn and other areas of 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 mortgage companies. You can also question the situation with your conveyancing solicitor who conducted the conveyancing.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a simple, chain free conveyancing. Sychdyn is where the house is located. What do you suggest?
Flying freeholds in Sychdyn are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Sychdyn you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Sychdyn may determine 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.
I acquired a property in Sychdyn last 23/10/2024 and to date it is still not registered with HMLR. It is part of a development site and my conveyancing practitioner told me that it may take twelve months to complete the registration formalities. I have contacted HM Land Registry directly and they say that the initial application was cancelled due to failure to reply to requisitions. Do I need to be concerned?
It is your solicitor that you really need to get in touch with in order to satisfy any concerns which have arisen as part of the registration formalities for your Sychdyn property. Normal Sychdyn conveyancing practice includes an undertaking on the part of the seller's conveyancer that they will help resolve any registration raised by HMLR so it may be a case of seeking to enforce that undertaking if necessary.