I purchased a freehold property in Wythenshawe but still pay rent, why is this and what is this?
It is rare for properties in Wythenshawe and has limited impact for conveyancing in Wythenshawe 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 many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Old 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.
Me and my partner are buying a house in Wythenshawe. It might be a silly question but how we can trust a conveyancer? At some point we have to send our life savings into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
My father advised me that in purchasing a property in Wythenshawe there could be various restrictions prohibiting external changes to the property. Is this right?
We are aware of anumerous of properties in Wythenshawe which have some sort of restriction or requirement of consent to perform external alterations. Part of the conveyancing in Wythenshawe should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
My wife and I buying a terrace house in Wythenshawe. The intention is to carry out an extension to the side at the house.Will the conveyancing process involve checks to determine if these alterations are permitted?
Your property lawyer will check the registered title as conveyancing in Wythenshawe can sometimes identify restrictions in the title documents which restrict certain alterations or necessitated the consent of another owner. Many additions need local authority planning permissions and approval in compliance with building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Wythenshawe?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Wythenshawe. 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…’
How does conveyancing in Wythenshawe differ for new build properties?
Most buyers of new build residence in Wythenshawe approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is completed. This is because house builders in Wythenshawe usually purchase the site, 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 property lawyers 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 Wythenshawe or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what should have been a simple, chain free conveyancing. Wythenshawe is the location of the property. Is there any advice you can give?
Flying freeholds in Wythenshawe are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Wythenshawe you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Wythenshawe 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 premises.
I have just appointed agents to market my ground floor flat in Wythenshawe. Conveyancing lawyers have not yet been instructed, however I have just had a yearly service charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should pay the service charge as normal because all rents and service payments will be allotted on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Wythenshawe Leasehold Conveyancing - Examples of Questions you should consider before buying
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Make sure you enquire if there is anything that is prohibited in the lease. For instance it is very common in Wythenshawe leases that pets are not permitted in certain buildings in Wythenshawe. If you love the apartmentin Wythenshawe however your cat can’t live with you then you will be faced difficult choice. Is the freehold owned collectively by the tenants? Are any of leasehold owners in arrears of their service charge payments?