Me and my partner are buying a 2 bedroom apartment in Rye with a mortgage. We would like to retain our Rye lawyer, but the lender says she’s not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Rye conveyancer and pay for one of their panel lawyers to represent them. This feels very unfair; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Rye conveyancing solicitor to apply to be on the conveyancing panel.
I require conveyancing for a flat in a relatively new development (seven years old) in Rye. 95% of the flats are already sold. Do I need carry out the conveyancing searches as part of conveyancing in Rye?
Conveyancing Searches are a critical link in the Rye conveyancing process. There are numerous search providers delivering Rye conveyancing searches, as well direct from the local authority. These are generally termed personal search providers due to them carrying out, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must obtain their information from the local authoritative source.
I am the registered owner of a freehold house in Rye yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Rye and has limited impact for conveyancing in Rye 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 hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
Forgive me if this question is silly but I am new to the process as a 1st time purchaser of a garden flat in Rye. Do I pick up the keys to the house on completion from my lawyer? If so, I will use a High Street conveyancing solicitor in Rye?
On the day of completion you will not be required to go to the conveyancers office in Rye. Conveyancing lawyers for you will transfer the purchase money to the owner’s conveyancers, and once they have received this, you should be able to pick up the keys from the property Agents and start moving into the property. Usually this happens between 1 and 3pm.
My partner and I have organised the release of further monies on our home loan from Aldermore as we want to conduct alterations to our house in Rye. Do we need to select a nearby Rye solicitor on the Aldermore conveyancing panel to handle the paperwork?
Aldermore don't usually appoint firms on their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Aldermore conveyancing panel.
I have paid off my mortgage with Santander. I assume I don't need a Rye conveyancing practitioner on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
How does conveyancing in Rye differ for newly converted properties?
Most buyers of new build residence in Rye contact us having been asked by the builder to exchange contracts and commit to the purchase even before the house is finished. This is because house builders in Rye usually buy the real estate, 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 conveyancers 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 Rye or who has acted in the same development.
I own a leasehold flat in Rye. Conveyancing and Aldermore mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Rye who acted for me is not around. Do I pay?
The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Rye conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Leasehold Conveyancing in Rye - A selection of Queries before buying
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For many Rye leaseholds the outlay for major works are not included within maintenance charges, although some managing agents in Rye obliged leaseholders to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance. Does the lease include onerous restrictions? Are any of leasehold owners in dispute over their service charge liability?