I own a freehold premises in Harpenden yet charged rent, why is this and what is this?
It is rare for properties in Harpenden and has limited impact for conveyancing in Harpenden 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 establishment of new rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
I had intended to instruct a conveyancing solicitor in Harpenden for our house purchase. Our financial adviser informed us that our mortgage lenders HSBC Bank won't deal with them. Surely this is unduly restrictive?
Banks in the main restrict either the category or the volume of conveyancing solicitors on their approved list of lawyers. A common example of such restriction(s) being that a law practice must have two or more partners. In addition to restricting the profile of firm, some have limited the number of firms they use to represent them. Be aware that HSBC Bank have no responsibility for the quality of advice provided by any member of HSBC Bank Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of conveyancing panels since 2008 even though there remains mixed opinions concerning the extent of solicitor engagement in some of that fraud. Statistics from the Land Registry indicate that hundreds of law firms, including some in or near Harpenden only carry out a couple conveyances per annum.
What does a local search tell me about the house my wife and I buying in Harpenden?
Harpenden conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search company such as Searchflow The local search is essential in every Harpenden conveyancing purchase; that is if you don’t want any unpleasant once you have moved into your new home. The search will provide information on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.
I've recently found out that there is a flying freehold element on a house I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Harpenden is where the house is located. Can you offer any advice?
Flying freeholds in Harpenden are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Harpenden you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Harpenden may determine 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.
How can the Landlord & Tenant Act 1954 impact my commercial property in Harpenden and how can your lawyers assist?
The particular law that you refer to gives protection to business tenants, giving them the right to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Harpenden is one of our many locations in which our lawyers are located
My cousin has encouraged me to use his conveyancing solicitors in Harpenden. Should I use them?
No doubt the ideal way to find a conveyancing practitioner is to seek referrals from friends or family who have actually previously instructed the solicitor that you are are thinking of instructing.