I am the registered owner of a freehold property in Epsom but still pay rent, why is this and what is this?
It’s unusual for properties in Epsom and has limited impact for conveyancing in Epsom 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.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
My grandfather passed away six months ago and as sole heir and executor I was left the house in Epsom. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this allowed?
Given you intend to refinance then RBS will insist on your using a conveyancer on the RBS 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 RBS 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 RBS mortgage is registered as a charge at the Land Registry.
We are getting a further advance on our home loan from Lloyds as we want to carry out alterations to our home in Epsom. Do we need to choose a bricks and mortar Epsom solicitor on the Lloyds conveyancing panel to handle the legals?
Lloyds do not ordinarily require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Lloyds panel.
I have today made my last payment due on my mortgage with Coventry BS. I assume I don't need a Epsom conveyancing practitioner on the Coventry BS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Coventry BS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Coventry BS mortgage from the register. Coventry BS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
HSBC have agreed my mortgage in principle, my offer on a flat in Epsom has been agreed to, what are the next steps?
The property agent will need to be informed of your conveyancer's details (make sure the conveyancers are on the bank’s approved list). Call up HSBC or the broker and finish off any outstanding forms. HSBC will instruct a valuer who will get in touch with the estate agent or owners to schedule an appointment. Once conducted (assuming no problems) it takes approximately a week to get a mortgage offer. HSBC will issue the offer to you and your property lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Epsom.
I need some quick conveyancing in Epsom as I am under pressure to complete inside 3 weeks. Luckily I do not need a mortgage. Is it possible to escape the need for conveyancing searches to save fees and time?
If.Given you are not getting a mortgage you are at liberty not to do searches although no solicitor would recommend that you don't. Drawing on years of experience of conveyancing in Epsom the following are examples of what can show up and adversely affect the marketability of the property: Refused Planning Applications, Overdue Charges, Outstanding Grants, Road Schemes,...
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what should have been a simple, no chain conveyancing. Epsom is where the house is located. Can you shed any light on this issue?
Flying freeholds in Epsom are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Epsom you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Epsom 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.
In what way can the Landlord & Tenant Act 1954 affect my business property in Epsom and how can your lawyers assist?
The 1954 Act affords a safeguard to commercial lessees, granting the dueness to make a request to court for a new lease and remain in occupation when the lease reaches an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Epsom is one of our many areas of the UK in which our lawyers are located