I own a freehold property in Hambleton but nevertheless invoiced for rent, why is this and what is this?

It’s unusual for properties in Hambleton and has limited impact for conveyancing in Hambleton 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 generation of new rentcharges post 1977.

Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

My wife and I are purchasing a house in Hambleton. I might seem paranoid but how we can trust a solicitor? At some point we have to put funds 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 uncle informed me that in buying a property in Hambleton there could be various restrictions as to what one can do in terms of external alterations to the property. Is this right?

We are aware of a number of properties in Hambleton which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Hambleton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

We are buying a end of terrace house in Hambleton. We would like to an extension at the rear at the house.Will the conveyancing process include checks to see if these works were previously refused?

Your solicitor will review the registered title as conveyancing in Hambleton will sometimes identify restrictions in the title documents which restrict certain works or need the permission of a 3rd party. Many works call for local authority planning permissions and approval in compliance with building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be prudent to check these things with a surveyor ahead of any purchase.

I own a semi-detached Victorian property in Hambleton. Conveyancing solicitor represented me and Clydesdale. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?

You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hambleton and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with your conveyancing solicitor who conducted the conveyancing.

The estate agent has sent us the confirmation of our purchase of a new build flat in Hambleton. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Hambleton

Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants.

My step-son is about to join the property ladder, he had his mortgage in principle. After the seller agreed the offer on the apartment we telephoned the lender to issue the formal offer. We were very surprised to hear that banks do not accept all property lawyer, they need to be on their approved list, is this correct?

Lenders ordinarily restrict either the type or the number of conveyancing practices on their panel. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that banks have no responsibility for the quality of advice provided by any Hambleton conveyancing practitioner on their panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, conveyancing is not their speciality. To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime? Probably not.