I am the registered owner of a freehold property in Ilminster but nevertheless pay rent, why is this and what is this?
It is rare for properties in Ilminster and has limited impact for conveyancing in Ilminster 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 establishment of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
Do I need to have a meeting at the offices of the solicitor to sign the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Ilminster so that I can pop in to their offices if necessary.
Whereas this was necessary 15 years ago, the vast majority lenders no longer oblige their conveyancing panel lawyer to witness the mortgagors signature. You will still be obliged to hand over ID documents and there are still manifest advantages to using a locally based solicitor, in your situation a conveyancing solicitor in Ilminster.
I am assisting my mother sell her flat in Ilminster. Does the solicitor order an EPC or it is for the owner to coordinate?
After the abolition of Home Information Packs, EPC’s was left as a required component of selling a house. An energy performance certificate must be to hand before the property is marketed. This is not something that conveyancers ordinarily arrange. Where you are using a Ilminster conveyancing practitioner they may help arrange energy assessments due to their contacts with long established local assessors
I have decided to exercise my right to buy my property in Ilminster off the council. I have a mortgage offer with Clydesdale. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Clydesdale, you will need to appoint a solicitor on the Clydesdale conveyancing panel.
I am due to exchange contracts on my house. I had a double glazing fitted in September 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, RBS are being difficult. The Ilminster solicitor who is on the RBS conveyancing panel is saying indemnity insurance will be fine but RBS are requiring a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that RBS have referred the matter to their valuer. The reason why RBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I understand that there are debates on Chancel Insurance on online forums. Am I compelled to have this when buying a house in Ilminster? or Apparently there is a law dating back centuries that means some homeowners living in a parish church boundary may be liable to pay for repairs towards the chancel in proximity to the church. Is this relevant for conveyancing in Ilminster?
Unless a previous acquisition of the property took place after 12 October 2013 you may assume that conveyancing practitioners conducting conveyancing in Ilminster to remain recommending a chancel search and or insurance against a claim.
I have been on the look out for a leasehold apartment up to £195,000 and found one close by in Ilminster I like with amenity areas and station nearby, the downside is that it only has 61 years on the lease. I can't really find anything else in Ilminster in this price bracket, so just wondered if I would be making a grave error purchasing a short lease?
Should you need a mortgage the shortness of the lease will be a potential deal breaker. Reduce the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the property for a minimum of 2 years you may ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease term with a zero ground rent applied. You should speak to your conveyancing lawyer concerning this.
Living abroad it is not practicable to travel my Ilminster conveyancing practitioners office to sign documents for conveyancing in Ilminster – is this a problem?
Not a problem. Ilminster conveyancing lawyers can undertake conveyancing transactions for clients from a distance. It is not necessary for you to be able to be present a Ilminster conveyancers office. Almost all property lawyer can deal with all communications via phone, post and email - whatever works for you.