I am the registered owner of a freehold residence in Pontefract but nevertheless pay rent, why is this and what is this?
It is rare for properties in Pontefract and has limited impact for conveyancing in Pontefract 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 from 1977 onwards.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
Forgive me if this question is silly but I am wet behind the ears as a first time buyer of a ground floor flat in Pontefract. Do I receive the keys to the house on completion from my conveyancer? If this is the case, I will use a High Street conveyancing solicitor in Pontefract?
There is no need to visit the lawyers office on the day of completion. Your solicitors will electronically transfer the completion advance to the seller's solicitors, and shortly after the monies have arrived, you should be invited to receive the keys from the property Agents and start moving into the property. This tends to happen early afternoon.
I happen to be the sole beneficiary of my late mum's will with all property in now in my sole name, including the house in Pontefract. Conveyancing formalities meant that the Land Registry date was in September. I want to move. I understand that there is a CML 6 month 'rule', meaning my property ownership may be treated the same way as though I had purchased the house in September. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be affected by that. Some banks would take a practical view as this requirement is principally there to identify the purchase and immediately sell or the wholesaling and assigning of properties.
Having digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Pontefract solicitor - who is on the Skipton conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Skipton will need an independent valuation of the property. Your lawyer will not arrange this. Usually Skipton will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Pontefract postcode. As you are getting a mortgage with Skipton, you could contact them to see if they have a list of approved surveyors in Pontefract.
My relative advised me that if I am purchasing in Pontefract I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes included in the estimate for your Pontefract conveyancing searches. It is not a small report of about 40 pages, listing and setting out significant information about Pontefract around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Pontefract Education with maps and statistics, Local Amenities and other useful information regarding Pontefract.
The deeds to our home are lost. The solicitors who did the conveyancing in Pontefract 4 years ago have long since closed. Will I be able to sell the house?
You no longer need to hold title original deeds to establish that you are the owner of your registered land or premises, given that the Land Registry hold details of all registered land or property electronically.
I have been on the look out for a flat up to £195,000 and found one close by in Pontefract I like with open areas and station nearby, the downside is that it only has 51 years unexpired on the lease. There is not much else in Pontefract suitable, so just wondered if I would be making a mistake buying a lease with such few years left?
If you require a home loan the shortness of the lease may be problematic. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of twenty four months you could ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should consult your conveyancing lawyer about this.
Am I best advised to appoint a Pontefract conveyancing solicitor who is local to the property I am hoping to buy? We have a good friend who can carry out the conveyancing however his firm is located 300kilometers away.
The primary upside of using a high street Pontefract conveyancing firm is that you can pop in to sign documents, hand in your identification documents and pester them if necessary. Having local Pontefract know how is a benefit. However nothing is more important than finding someone that will pull out all the stops for you. If other friends have instructed your friend and in the main were impressed that must surpass using an unknown Pontefract conveyancing lawyer just because they are local.