I am the registered owner of a freehold house in Killamarsh yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Killamarsh and has limited impact for conveyancing in Killamarsh 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 from 1977 onwards.
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 dispensed with completely.
Should my lawyer be raising questions about flooding as part of the conveyancing in Killamarsh.
Flooding is a growing risk for lawyers carrying out conveyancing in Killamarsh. There are those who purchase a property in Killamarsh, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a number of searches that can be undertaken by the purchaser or by their lawyers which can give them a better understanding of the risks in Killamarsh. The conventional set of information supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) 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 seller, then a buyer may bring a compensation claim stemming from an misleading answer. The buyer’s lawyers may also conduct an environmental search. This will reveal if there is any known flood risk. If so, more detailed investigations should be carried out.
How does conveyancing in Killamarsh differ for newly converted properties?
Most buyers of new build or newly converted property in Killamarsh contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is ready to move into. This is because house builders in Killamarsh typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Killamarsh or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what should have been a simple, chain free conveyancing. Killamarsh is where the house is located. Can you shed any light on this issue?
Flying freeholds in Killamarsh are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Killamarsh 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 Killamarsh may ascertain 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 simple is it to use the search facility to find a conveyancing solicitor in Killamarsh on the authorised to act for my lender?
Step one is to choose a lender such as Halifax, Bank of Scotland or Britannia then choose your location for example Killamarsh. Conveyancing firms in Killamarsh and further afield should be identified.
My folks are encountering difficulties in finding their Killamarsh property on the HMLR website. They recall that back in the 70’s when they purchased the property there were complications with the address not being recognised in some systems.
Nearly all residences in Killamarsh should show up. Have you attempted a search with simply the postcode. Usually it should disclose all the houses and flats inside the postcode. Assuming the property is registered it will be there with a title number. Where they bought 50 years ago it's conceivable it may be unregistered. The address might still be revealed but with the title number shown 'na'. In this scenario you will need to find the original title deeds which may be with your parent’s bank.