I purchased a freehold premises in Wilton but still charged rent, why is this and what is this?

It is rare for properties in Wilton and has limited impact for conveyancing in Wilton 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 fresh rentcharges from 1977 onwards.

Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

My aunt passed away six months ago and as sole heir and executor I was left the property in Wilton. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Skipton, pay off the mortgage. Is this possible?

If you plan to refinance then Skipton will require that you use a conveyancer on the Skipton 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 Skipton 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 Skipton mortgage is registered as a charge at the Land Registry.

I am purchasing my first flat in Wilton with the aid of help to buy. The developers would not budge the amount so I negotiated 6k of extras instead. The property agent told me not disclose to my lawyer about this extras as it could adversely affect my loan with HSBC Bank. Is this normal?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I opted to have a survey completed on a house in Wilton in advance of instructing lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some lenders will refuse to issue a mortgage on this type of home.

It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. If you contact us we can investigate further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Wilton. Conveyancing may be slightly more expensive based on your lender's requirements.

Are all Wilton legal practices on every bank conveyancing panel?

You can use our search tool or you can pop into your local bank branch in Wilton. the probability is that they will know some good conveyancing solicitors in Wilton