I own a freehold property in Lancashire yet pay rent, why is this and what is this?

It’s unusual for properties in Lancashire and has limited impact for conveyancing in Lancashire 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 generation of fresh 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 post 2037 will be extinguished.

My relative suggested that if I am purchasing in Lancashire I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?

A search of this type is sometimes quoted for as part of the standard Lancashire conveyancing searches. It is not a small document of more than thirty pages, listing and setting out important information about Lancashire around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Lancashire Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Lancashire Education with maps and statistics, Local Amenities and other useful information about Lancashire.

The estate agent has sent us the confirmation of our purchase of a new build flat in Lancashire. 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 conveyancing.

Set out below is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Lancashire

Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are architect prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.

I decided to have a survey done on a house in Lancashire ahead of instructing conveyancers. I have been advised that there is a flying freehold element to the property. Our surveyor advised that some mortgage companies will refuse to give a mortgage on this type of house.

It depends who your proposed lender is. Santander has different instructions from Nationwide. If you call us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Lancashire. Conveyancing will be smoother if you use a solicitor in Lancashire especially if they are familiar with such properties in Lancashire.

Is it possible to switch conveyancer as I need to appoint one who is on the Yorkshire Building Society conveyancing panel. I had appointed a family conveyancing solicitor in Lancashire round the corner but the firm is not accepted by Yorkshire Building Society

It would be our pleasure to help you select a conveyancing solicitor in Lancashire on the Yorkshire Building Society panel. Please note that the property lawyers that we list do not pay us fee if you instruct them and are regulated by the SRA who regulate all conveyancing solicitors in Lancashire. In utilising search facility on this site, you can contrast charges for conveyancing solicitors in Lancashire and beyond.