I am the registered owner of a freehold property in Cleator yet charged rent, why is this and what is this?
It is rare for properties in Cleator and has limited impact for conveyancing in Cleator 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.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.
Do the Building Society Association intend to launch a searchable register to to identify solicitors on the Earl Shilton BS conveyancing panel for example in Cleator?
We are not aware of any plans on the part of the BSA to promote such a tool.
We previously selected conveyancers with offices in Cleator on the Clydesdale solicitor approved list. They have just billed me a further fee for handling the Clydesdale mortgage. Is this an additional conveyancing fee set by Clydesdale?
As unfair as it may appear, as long as it’s in their Terms of Engagement or estimate then yes your solicitor is entitled to charge a fee for this. The charge is not set by Clydesdale but by your Cleator lawyer. Plenty of firms on the Clydesdale panel will quote ’dealing with mortgage’ fee but plenty of firms include it on their overall fee.
Planning on purchasing a maisonette in Cleator. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Nationwide conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Cleator conveyancer is on the Nationwide conveyancing panel.
I've read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Cleator solicitor - who is on the HSBC conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Cleator postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in Cleator.
How does conveyancing in Cleator differ for new build properties?
Most buyers of new build premises in Cleator approach us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is constructed. This is because builders in Cleator typically purchase the land, 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 used to new build conveyancing in Cleator or who has acted in the same development.
Over the last few months I have been searching for a flat up to £235,500 and identified one near me in Cleator I like with amenity areas and transport links nearby, however it only has 51 years on the lease. There is not much else in Cleator suitable, so just wondered if I would be making a grave error acquiring a short lease?
If you require a mortgage the shortness of the lease will likely be problematic. Discount the offer by the expected lease extension will cost if not already taken into account. If the current owner has owned the property for at least twenty four months you can request that they commence the lease extension formalities 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 regarding this matter.