I am the registered owner of a freehold house in Oakleigh Park but still pay rent, why is this and what is this?

It is rare for properties in Oakleigh Park and has limited impact for conveyancing in Oakleigh Park 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 creation of fresh rentcharges post 1977.

Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.

I am considering applying for a HSBC mortgage for purchase of a newly converted (under development) in Oakleigh Park with 70% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for HSBC ?

There is nothing to stop you using your solicitor, but HSBC will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.

Do I select a Licenced Conveyancer or Solicitor for conveyancing in Oakleigh Park?

There are many registered licenced Conveyancers in Oakleigh Park and Solicitor partnerships in Oakleigh Park who provide Conveyancing services It is important to make clear that the two are regulated professionals specialising in the legal work in the home buying process. The two can deal with other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.

It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Oakleigh Park building society branch on various occasions and was informed it wasn't a problem and they would lend. My Oakleigh Park conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they will not lend based on their published requirements. Who do I believe?

Provided that the solicitor is on the lender approved list, she or he must follow the CML Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.

I recently had an offer accepted on a house in Oakleigh Park. My financial adviser pressured me to appoint their lawyer. I paid an upfront payment of £200. A couple of days later, the lawyer called me to say that they were not on the RBS conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the RBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

I opted to have a survey completed on a property in Oakleigh Park prior to appointing conveyancers. I have been advised that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies will refuse to give a mortgage on this type of house.

It depends who your proposed lender is. HSBC has different requirements from Nationwide. If you call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Oakleigh Park. Conveyancing will be smoother if you use a solicitor in Oakleigh Park especially if they are acquainted with such properties in Oakleigh Park.

My brother has suggested that I use his conveyancing solicitors in Oakleigh Park. Should I use them?

No doubt the ideal way to select a conveyancing solicitor is to seek feedback from friends or family who have actually used the conveyancer that you are contemplating using.