I am the registered owner of a freehold house in Leeds yet charged rent, why is this and what is this?
It’s unusual for properties in Leeds and has limited impact for conveyancing in Leeds 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 fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
Are there restrictive covenants that are commonly identified during conveyancing in Leeds?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Leeds. 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've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Leeds is the location of the property. Can you offer any assistance?
Flying freeholds in Leeds are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Leeds you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Leeds may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
My business partner and I are intending to take over a lease of a shop on a shopping parade. Can you recommend conveyancers offering no-move-no fees for non-domestic conveyancing in Leeds for under 2k?
We can recommend firms who have specialist knowledge of commercial conveyancing in Leeds, including the disposal and acquisition of businesses as well as simply premises. If you are looking to acquire or lease a shop, pub, restaurant, office, retail premises or a complete business we can find you the right solicitor. As for the charges this will depend on the structure and terms of the deal. Please provide us with your details or call us so that we can provide you with a detailed commercial conveyancing quote.
We have an offer in principle from Nationwide Building Society who said that they will loan up to £400k. When do we need to instruct a solicitor for conveyancing? Leeds is where we plan to move to.
You can instruct a conveyancing practitioner now so that the conveyancer can open the ledger so they can do the ID checks etc. As and when you wish them to commence work you will be asked for a deposit normally about £225. That would generally be once you have the loan offer from your lender and valuation results, but should you wish to speed the process you can start quicker albeit risking some expense.