I own a freehold premises in Whitehaven but nevertheless invoiced for rent, why is this and what is this?
It’s unusual for properties in Whitehaven and has limited impact for conveyancing in Whitehaven 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 after 2037 is to be dispensed with completely.
We're in Whitehaven, First timers purchasing with a mortgage (lender is Kent Reliance , and our lawyer is on the Kent Reliance conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Kent Reliance conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I had a mortgage agreed in principle with Co-operative. Whitehaven conveyancing practitioners have been appointed. How long does it take for Co-operative to issue the offer to the conveyancer?
Some lenders take longer than others. Have Co-operative conducted the survey? Have you advised Co-operative as to your lawyers' details and checked that your lawyers are on the Co-operative conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
We expect to receive a OIP from TSB this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do TSB recommend any Whitehaven solicitors on the TSB conveyancing panel, or is it better to go independently?
You will need to appoint Whitehaven solicitors independently although you'll need to choose one on the TSB conveyancing panel. The solicitor represents both you and TSB through the process.
Nottingham have agreed my home loan in principle, my bid on a flat in Whitehaven has been agreed to, now what?
Your estate agent will wish to know who your solicitors are (be sure the solicitors are on the lender’s approved list). Telephone Nottingham or the financial adviser and complete any relevant documentation. Nottingham will sellect a valuer who will get in touch with the selling agent or seller to schedule a slot for the valuation to happen. Once conducted (assuming no problems) it takes approximately ten days to get a mortgage offer. Nottingham will issue the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Whitehaven.
Do commercial conveyancing searches reveal proposed roadworks that may affect a commercial site in Whitehaven?
Its becoming the norm that commercial conveyancing solicitors in Whitehaven will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Whitehaven. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Whitehaven.
For each commercial conveyancing transaction in Whitehaven it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately may result in delays to Whitehaven commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Whitehaven.
The deeds to my property can not be found. The conveyancers who did the conveyancing in Whitehaven 5 years ago no longer exist. Will I be able to sell the house?
You no longer need to have the physical deeds to evidence that you are the owner of your registered land or property, given that the Land Registry hold details of all registered land or property electronically.
Due to the advice of my in-laws I had a survey completed on a property in Whitehaven prior to appointing solicitors. I have been told that there is a flying freehold overhang to the property. My surveyor has said that some banks tend not give a mortgage on a flying freehold property.
It depends who your proposed lender is. Santander has different requirements from Birmingham Midshires. Should you wish to call us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Whitehaven. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Whitehaven to see if the conveyancing will be more expensive.