I own a freehold residence in Cumberland but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in Cumberland and has limited impact for conveyancing in Cumberland 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 generation of new 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 in 2037 is to be dispensed with completely.
My partner and I are close to exchanging contracts on the sale of our house in Cumberland and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any local conveyancer would know this is not the case. For the life of me I don't know why the purchasers used an internet conveyancing practice as opposed to a conveyancing solicitor in Cumberland. We have lived in Cumberland for six years we know of no issue. Is it a good idea to get in touch with our local Authority to seek clarification that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Are there restrictive covenants that are commonly picked up as part of conveyancing in Cumberland?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Cumberland. 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…’
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Cumberland is the location of the property. What do you suggest?
Flying freeholds in Cumberland are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cumberland 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 Cumberland may ascertain 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.
I'm remortgaging my current property to a buy to let mortgage with The Mortgage Works and I will use the ballance of the raised equity as a deposit on a second house. The area we are interested in is Cumberland. Will your conveyancers be able to act for the two mortgage companies and link together the transactions?
Do use our comparison tool on this site to check that the conveyancers are on the relevant lender panels. On the basis that they are your conveyancer will be able to connect the two conveyancing matters but you should have a chat with you solicitor and specify your expectations and needs.
All being well we will complete our sale of a £200,000 maisonette in Cumberland in just under a week. The landlords agents has quoted £336 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Cumberland?
Cumberland conveyancing on leasehold maisonettes more often than not requires the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer such questions most will be willing to do so. They are at liberty to levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge invoiced by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. Reality however dictates that you have little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.
I am the registered owner of a studio flat in Cumberland, conveyancing having been completed February 2008. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Cumberland with an extended lease are worth £186,000. The ground rent is £55 invoiced every year. The lease terminates on 21st October 2077
With only 53 years left to run we estimate the premium for your lease extension to span between £27,600 and £31,800 as well as costs.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.