I am the registered owner of a freehold property in Clayton but nevertheless pay rent, why is this and what is this?

It’s unusual for properties in Clayton and has limited impact for conveyancing in Clayton 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 hundreds of years, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.

Old 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 extinguished.

A colleague informed me that in purchasing a property in Clayton there may be various restrictions limiting what one can do in terms of external changes to the property. Is this right?

There are anumerous of properties in Clayton which have some sort of restriction or requirement of consent to execute external changes. Part of the conveyancing in Clayton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

My wife and I purchasing a end of terrace house in Clayton. The intention is to carry out a loft conversion at the property.Will the conveyancing process involve investigations to determine if these works are permitted?

Your property lawyer should review the registered title as conveyancing in Clayton can occasionally identify restrictions in the title documents which prevent certain works or need the permission of another owner. Many additions call for local authority planning consent and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these things with a surveyor before you commit yourself to a purchase.

My husband and I have arranged a further advance on our mortgage from Leeds Building Society as we want to conduct a loft conversion to our property in Clayton. Are we obliged to appoint a high street Clayton solicitor on the Leeds Building Society conveyancing panel to handle the legals?

Leeds Building Society would not normally instruct firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Leeds Building Society conveyancing panel.

We are selling our house in Clayton and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A high street Clayton conveyancer would know this is not the case. It does beg the question why the buyers are using a national conveyancing firm as opposed to a conveyancing solicitor in Clayton. We have lived in Clayton for 4 years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification that the buyers are looking for.

It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)

Are there restrictive covenants that are commonly identified as part of conveyancing in Clayton?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Clayton. 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…’

I am looking for a ground for flat up to £235,500 and identified one near me in Clayton I like with a park and railway links in the vicinity, however it only has 51 remaining years left on the lease. I can't really find anything else in Clayton for this price, so just wondered if I would be making a grave error purchasing a short lease?

Should you need a home loan that many years will be problematic. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for at least twenty four months you can request that they start the process of the extension and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this matter.