I am in the process of selling my home in Rushden and the EA has just text me to say that the buyers are switching solicitor. The reason given is that the lender will only work with property lawyers on their conveyancing panel. Why would a big named lender only deal with certain lawyers rather the firm that they want to select for their conveyancing in Rushden ?
UK lenders have always had an approved set of law firms that can act for them, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.
Mortgage companies point to the increase in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any sway in the decision.
I am the registered owner of a freehold premises in Rushden yet pay rent, why is this and what is this?
It is rare for properties in Rushden and has limited impact for conveyancing in Rushden 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 generation of new rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
We are buying a property and the solicitor has referenced Chancel Repair to which the property could be liable given it’s proximity to the area of such a church. He has recommended insurance. Is this really necessary for conveyancing in Rushden
Unless a previous acquisition of the house completed post 12 October 2013 you can assume that conveyancing practitioners handling conveyancing in Rushden to continue to advocate a chancel search and or insurance against a claim.
Me and my brother have a 4 bedroom Georgian property in Rushden. Conveyancing lawyer acted for me and HSBC Bank. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold with the matching property. Is it worth asking HSBC Bank to clarify?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rushden and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with your conveyancing practitioner who conducted the purchase.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what should have been a simple, no chain conveyancing. Rushden is where the house is located. Can you shed any light on this issue?
Flying freeholds in Rushden are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Rushden you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Rushden may decide 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 premises.