I purchased a freehold premises in Highcliffe yet pay rent, why is this and what is this?
It’s unusual for properties in Highcliffe and has limited impact for conveyancing in Highcliffe 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 date back hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh 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 after 2037 is to be extinguished.
I am assisting my niece sell her property in Highcliffe. Does the solicitor commission the energy performance certificate or do I organise this?
After the demise of Home Information Packs, EPC’s was retained a required component of moving house. An energy performance certificate needs to be commissioned in advance of the property being put on the market. This is not a task that solicitors ordinarily arrange. If you are using a Highcliffe conveyancing practitioner they might be willing to arrange energy assessments due to their relationships with long established Highcliffe accredited person
We had instructed conveyancing lawyers based in Highcliffe on the Santander solicitor panel. They have just billed me a supplemental sum for the legal aspects of the Santander mortgage. Is this a supplemental conveyancing fee specified by Santander?
Unfortunately, as long as it is in their Terms and Conditions or estimate then yes your property lawyer is entitled to levy a fee for this. The charge is not dictated by Santander but by your Highcliffe conveyancer. Numerous firms on the Santander panel will charge ’dealing with mortgage’ fee and others do not.
I recently had an offer accepted on a house in Highcliffe. My financial adviser recommended their conveyancers. I paid an on account payment of £175. A couple of days later, the conveyancer called me sheepishly admitting that they were not on the TSB conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the TSB panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
My wife and I are selling our home in Highcliffe and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. Any local conveyancer would know this is not the case. For the life of me I don't know why the purchasers are using a web based conveyancing outfit rather than a conveyancing solicitor in Highcliffe. We have lived in Highcliffe for many years we know that this is a non issue. Should we get in touch with our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You must enquire of 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 life insurance to cover that same ailment)
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Highcliffe is where the house is located. Can you shed any light on this issue?
Flying freeholds in Highcliffe 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 Highcliffe you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Highcliffe 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.
My father-in-law has suggested that I instruct his conveyancing solicitors in Highcliffe. Should I use them?
No doubt the best way to select a conveyancing lawyer is to seek feedback from friends or family who have experience in using the solicitor you're considering.
I am on look out for some leasehold conveyancing in Highcliffe. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in Highcliffe - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I invested in buying a ground floor flat in Highcliffe, conveyancing having been completed half a dozen years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable flats in Highcliffe with a long lease are worth £185,000. The ground rent is £65 invoiced annually. The lease ceases on 21st October 2086
With 60 years remaining on your lease we estimate the price of your lease extension to range between £20,000 and £23,000 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.