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

It is rare for properties in Greenfield and has limited impact for conveyancing in Greenfield 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 generation of fresh rentcharges from 1977 onwards.

Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.

Due to the guidance of my in-laws I had a survey completed on a house in Greenfield prior to instructing solicitors. I have been informed that there is a flying freehold aspect to the property. Our surveyor has said that some banks will refuse to grant a loan on a flying freehold house.

It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Greenfield. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Greenfield to see if the conveyancing will be more expensive.

Given that I will soon spend hundreds of thousands of pounds on a garden flat in Greenfield I wish to have a conversation with the conveyancer about myconveyancing in advance of giving the go ahead to the firm. Can this be arranged?

We could not agree more - it is our preference to talk to you we do not take any clients on without you liaising with the solicitor due to be carrying out your conveyancing in Greenfield.There is no ‘factory style conveyancing’ - each client is unique individual, not a file number. The solicitors that we put you in touch with believe that the fees you are calculated and presented to you for residential conveyancing in Greenfield should be the amount on the final invoice that you end up paying.

I am intending to let out my leasehold apartment in Greenfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your previous Greenfield conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent via your landlord or some other party prior to subletting. This means you not allowed to sublet in the absence of prior consent. The consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

Leasehold Conveyancing in Greenfield - Sample of Queries Prior to buying

How long is the Lease? The prefered form of lease arrangement is a share of the freehold. In this situation the leaseholders enjoy being in charge if their destiny and even though a managing agent is often retained where it is larger than a house conversion, the managing agent is directed by the tenants. Please note if it is less than eighty years it will impact the salability of the property. It is worth checking with your bank that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you will be be obliged to have been the owner of the premises for 24 months before you are eligible to exercise a lease extension.

My husband and I are buying a 2 bedroom ground floor flatin Greenfield with a loan from a bank. We wish to instruct our conveyancer in Greenfield yet our mortgage company advise she’s not on their "panel". We have to appoint from the our lender panel solicitors or keep our Greenfield solicitor and incur the extra legals for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that our lender use our Greenfield lawyer?

No, not really. The lender mortgage issued is subject to its terms and conditions, one of which will be that solicitors will on the mortgage company's conveyancing panel. in the past, most banks had open panels, including almost all conveyancing solicitors in Greenfield : a mortgagee could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for your mortgage company.