Me and my partner are purchasing our first house. The solicitor has e-mailedto check if we wish to take out extra conveyancing searches. Unfortunately we have no idea as to what's appropriate for conveyancing in Herne Bay
The scope of Herne Bay conveyancing searches should be triggered based entirely on the premises, the location, the possibility of any of these risks, your familiarity of the area and risks, your general attitude to risk. What matters is that you properly comprehend what information each search could provide. You may then make a decision if you personally think you need that information. If unclear, ask your conveyancer to provide guidance.
I am the registered owner of a freehold house in Herne Bay yet charged rent, why is this and what is this?
It’s unusual for properties in Herne Bay and has limited impact for conveyancing in Herne Bay 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 creation of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
I had intended to instruct a property lawyer in Herne Bay for our house move. Our financial adviser informed us that our mortgage company Birmingham Midshires won't deal with them. Why is this not regarded as unduly restrictive?
A lender may insist on an approved solicitor act for it. You would be expected to bear the charges for this. Try using our search facility to locate a solicitor to carry conveyancing in Herne Bay on the Birmingham Midshires member panel.
Should our conveyancer be making enquiries about flooding as part of the conveyancing in Herne Bay.
Flooding is a growing risk for conveyancers dealing with homes in Herne Bay. Some people will buy a property in Herne Bay, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, but there are a numerous searches that can be carried out by the purchaser or by their solicitors which will figure out the risks in Herne Bay. The conventional set of information supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the seller to discover if the premises has suffered from flooding. If the premises has been flooded in past and is not revealed by the owner, then a purchaser may issue a compensation claim stemming from an misleading response. A purchaser’s solicitors will also order an environmental report. This should reveal whether there is a recorded flood risk. If so, additional investigations should be made.
There are only Seventy years unexpired on my lease in Herne Bay. I am keen to get lease extension but my landlord is can not be found. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the freeholder. In some cases a specialist may be helpful to try and locate and to produce a report which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court overseeing Herne Bay.
I am the registered owner of a 1st floor flat in Herne Bay, conveyancing was carried out in 2012. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Herne Bay with over 90 years remaining are worth £260,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease comes to an end on 21st October 2100
You have 74 years unexpired we estimate the price of your lease extension to range between £8,600 and £9,800 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. 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 based on this information before getting professional advice.
I am an executor of my recently deceased mum’s Will, with a house in Herne Bay which will be sold. The house is unregistered at HMLR and I'm told that many purchasers will insist that it is in place before they will move forward. What's the procedure for this?
In the circumstances that you have set out it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.