I own a freehold premises in Willen yet pay rent, why is this and what is this?
It is rare for properties in Willen and has limited impact for conveyancing in Willen 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 establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
We are buying a house in Willen. I might seem paranoid but how we can trust a lawyer? On the day of competition we will need to put our life savings into their account. What protection do we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We previously appointed conveyancers located in Willen on the Leeds Building Society solicitor panel. They have just billed me a supplemental charge for handling the Leeds Building Society mortgage. Is this an additional conveyancing fee set by Leeds Building Society?
Provided it is contained in their Terms and Conditions or estimate then yes your conveyancer is entitled to charge a fee for this. The fee is not dictated by Leeds Building Society but by your Willen solicitor. Numerous firms on the Leeds Building Society panel will quote an ‘acting for lender’ fee but some practices incorporate it on their overall fee.
I have decided to exercise my right to buy my property in Willen off the council. I have a mortgage offer with Santander. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
Do I need to take out insurance to protect me from financial exposure to chancel repairs when acquiring a house in Willen?
Unless a previous purchase of the premises took place post 12 October 2013 you could expect solicitors handling conveyancing in Willen to continue to recommend a chancel search and or chancel repair liability policy.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a straight forward, no chain conveyancing. Willen is the location of the property. Can you offer any assistance?
Flying freeholds in Willen are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Willen you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Willen 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 premises.
Should I appoint a Willen conveyancing lawyer in close proximity to the house I am hoping to buy? I have an old university friend who can execute the legal work however they are based 400miles drive away.
The primary upside of using a high street Willen conveyancing firm is that you can attend the office to execute paperwork, present your ID and pester them where appropriate. Having local Willen know how is a benefit. However it's more important to get someone that will pull out all the stops for you. If other friends have used your friend and on the whole were happy that should trump using an unknown Willen conveyancing lawyer just because they are based in the area.