I am the registered owner of a freehold premises in Shirehampton yet charged rent, why is this and what is this?
It’s unusual for properties in Shirehampton and has limited impact for conveyancing in Shirehampton 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 creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
Can you clarify what the consequences are if my solicitor is expelled from the Nottingham Solicitor panel ahead of completing my conveyancing in Shirehampton?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Is it the case that all Shirehampton solicitors on the Leeds Building Society conveyancing panel are governed by the SRA?
As solicitors, in order to be on the Leeds Building Society approved list of solicitors they would need to be regulated by the SRA. The majority of lenders do list licenced conveyancers on their panel in which case such firms would be overseen by the Council of Licensed Conveyancers.
The formalities of my remortgage has taken place for my property in Shirehampton. Conveyancing was satisfactory but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Most lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
Having read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Shirehampton solicitor - who is on the Santander conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander 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. You may wish to consider appointing your own Shirehampton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I appreciate that there are debates on Chancel Insurance on online forums. Do I require this when purchasing a house in Shirehampton? or Apparently there is a law dating back centuries that could mean that homeowners living in a parish church boundary will be compelled to contribute towards repairs to the chancel in proximity to the church. Is this a legitimate concern for conveyancing in Shirehampton?
Unless a prior acquisition of the premises completed after 12 October 2013 you can expect solicitors carrying out conveyancing in Shirehampton to remain encouraging a chancel search and or insurance against a claim.
Despite weeks of looking the Title Certificate and documents to my property can not be found. The conveyancers who handled the conveyancing in Shirehampton 4 years ago no longer exist. What are my next steps?
Gone are the days when you need to hold title official documentation to prove you own the land or premises, given that the Land Registry have everything they need in a digital format.
Over the last few months I have been searching for a ground for flat up to £235,500 and found one round the corner in Shirehampton I like with a park and station nearby, however it only has 61 years unexpired on the lease. I can't really find anything else in Shirehampton suitable, so just wondered if I would be making a mistake purchasing a short lease?
Should you need a home loan the shortness of the lease will be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the premises for at least 2 years you could request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor about this matter.