I am the registered owner of a freehold house in Downham but still invoiced for rent, why is this and what is this?
It is rare for properties in Downham and has limited impact for conveyancing in Downham 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 many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
Do I have to visit the offices of the solicitor to sign the mortgage deed? If so, I will instruct a firm who offer conveyancing in Downham so that I can attend their offices when needed.
These days conveyancing panel lawyers for lenders undertake their communications through the post, e-mail or over phone calls. This means that they can undertake the legal work for your home move no matter where you live in the country. Nevertheless you can check if you have the option of attending the offices of your conveyancing lawyer if you prefer.
I have a semi-detached Georgian property in Downham. Conveyancing solicitor acted for me and Santander. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the exact same address. I'd like to know for sure, how can I find out??
You need to read 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 Downham and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with the conveyancing solicitor who conducted the purchase.
Due to the input of my in-laws I had a survey completed on a house in Downham before retaining lawyers. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some banks will not give a loan on this type of house.
It varies from the lender to lender. HSBC has different requirements from Nationwide. If you call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Downham. Conveyancing will be smoother if you use a solicitor in Downham especially if they regularly deal with such properties in Downham.
As co-executor for the estate of my grandmother I am selling a residence in Newport but live in Downham. My solicitor (who is 200 kilometers awayrequires that I sign a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing lawyer in Downham to witness and place their company stamp on the document?
strictly speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are Downham based
What advice can you give us when it comes to finding a Downham conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Downham conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Downham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be useful:
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How many lease extensions have they carried out in Downham in the last year?
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Downham conveyancing firm to assist?
in cases where there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to judgment on the premium.
An example of a Freehold Enfranchisement decision for a Downham flat is Ravensbourne Lodge 4 Highland Road in February 2013. the Tribunal held that the amount payable for the freehold was £22,268