I own a freehold residence in Redcar yet pay rent, why is this and what is this?
It’s unusual for properties in Redcar and has limited impact for conveyancing in Redcar 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 establishment of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
We are buying a 3 bedroom semi in Redcar. The intention is to carry out an extension to the side at the house.Will legal conveyancing on the property include checks to see if these alterations are allowed?
Your conveyancer should review the registered title as conveyancing in Redcar can sometimes identify restrictions in the title documents which restrict certain alterations or necessitated the permission of another owner. Certain additions need local authority planning permissions and approval in accordance building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
My lawyer has informed me that lack of planning permission insurance is needed on my purchase. What is the level of cover for Redcar conveyancing?
The right level of lack of planning permission indemnity insurance depends on your lender. It would differ for example between Birmingham Midshires and Barnsley Building Society. Conveyancing lawyers as opposed to members of the public take out such insurances.
I have instructed a Redcar conveyancer having checked that they are on the Nottingham conveyancing panel. Does my lawyer arrange the survey of the property?
Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham 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 Redcar postcode. As you are getting a mortgage with Nottingham, you could contact them to see if they have a list of approved surveyors in Redcar.
Will my solicitor be asking questions regarding flooding as part of the conveyancing in Redcar.
The risk of flooding is if increasing concern for solicitors conducting conveyancing in Redcar. Plenty of people will buy a property in Redcar, completely expectant that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, but there are a number of checks that may be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Redcar. The standard property information forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to find out if the premises has historically flooded. If flooding has previously occurred and is not revealed by the owner, then a buyer may bring a legal claim for losses as a result of such an misleading answer. The purchaser’s lawyers will also carry out an environmental report. This should disclose whether there is a recorded flood risk. If so, additional inquiries should be conducted.
Are there restrictive covenants that are commonly identified during conveyancing in Redcar?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Redcar. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I've recently found out that there is a flying freehold element on a property I have offered on last month in what was supposed to be a simple, no chain conveyancing. Redcar is where the house is located. Is there any advice you can give?
Flying freeholds in Redcar are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Redcar you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Redcar may determine 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 property.
We're new on the property ladder - agreed a price, yet the property agent advised that the owners will only move forward if we use their recommended solicitors as they want a ‘quick sale’. We would rather use a local conveyancer accustomed to conveyancing in Redcar
It is highly unlikely the sellers are driving this. Should the vendor desire ‘a quick sale', alienating a genuine buyer is likely to cause more damage than good. Try to communicate with the vendors directly and make the point that (a)you are motivated buyers (b)you are ready to go, with finances arranged © you are unencumbered (d) you wish to move quickly (e)but you are going to instruct your preferred Redcar conveyancing lawyers - rather thanthe ones that will earn the estate agent a kickback or achieve conveyancing thresholds pre-set by head office.