I own a freehold property in Birtley but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Birtley and has limited impact for conveyancing in Birtley 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 fresh 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 dispensed with completely.
My house in Birtley is up for sale and I have a buyer. Does the conveyancing practitioner have to be on the HSBC conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the HSBC conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently currently.
We are buying a 3 bedroom semi in Birtley. The intention is to an extension at the rear at the property.Will legal investigations on the property include checks to ascertain if these alterations were previously refused?
Your solicitor will review the registered title as conveyancing in Birtley can sometimes identify restrictions in the title deeds which restrict certain alterations or necessitated the permission of another owner. Many works call for local authority planning permissions and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these things with a surveyor before you commit yourself to a purchase.
We expect to receive a AIP from Barclays this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Barclays recommend any Birtley solicitors on the Barclays conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Birtley solicitors independently although you'll need to choose one on the Barclays conveyancing panel. The solicitor represents both you and Barclays through the process.
The formalities of my purchase has taken place for my property in Birtley. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
How does conveyancing in Birtley differ for new build properties?
Most buyers of new build residence in Birtley come to us having been asked by the seller to sign contracts and commit to the purchase even before the residence is built. This is because developers in Birtley typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Birtley or who has acted in the same development.
I decided to have a survey done on a house in Birtley before retaining solicitors. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some banks will refuse to issue a loan on such a property.
It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Birtley. Conveyancing will be smoother if you use a solicitor in Birtley especially if they are familiar with such properties in Birtley.
My step-father has encouraged me to instruct his conveyancers in Birtley. Do I take his advice?
Much as we are happy to recommend a Birtley conveyancing lawyer the best way to choose a conveyancing practitioner is to get referrals from friends or relatives who have previously instructed the firm that you are considering.