I am the registered owner of a freehold premises in Westbourne yet pay rent, why is this and what is this?

It’s unusual for properties in Westbourne and has limited impact for conveyancing in Westbourne 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 post 1977.

Old 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.

My wife and I are close to exchanging contracts on the sale of our home in Westbourne and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. A local conveyancer would know that there is no such problem. For the life of me I don't know why the purchasers used an internet conveyancing outfit as opposed to a conveyancing solicitor in Westbourne. Having lived in Westbourne for 5 years we know that this is a non issue. Do we contact our local Authority to get confirmation that there is no issue.

It would appear that you have a conveyancing firm currently acting for you. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)

I've recently found out that there is a flying freehold element on a house I put an offer in last month in what should have been a simple, chain free conveyancing. Westbourne is the location of the property. Is there any advice you can give?

Flying freeholds in Westbourne are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Westbourne you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Westbourne 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 property.

We're FTB’s - had an offer accepted, yet the agent advised that the seller will only go ahead if we appoint their recommended solicitors as they need an ‘expedited deal’. My instinct tells me that we should use a high street solicitor with experience of conveyancing in Westbourne

We suspect that the owner is unaware of this demand. Should the vendor desire ‘a quick sale', taking such a hostile approach to a motivated purchaser is is going to put the whole deal at risk. Contact the sellers directly and explain that (a)you are genuine purchasers (b)you are ready to go, with finances in place © you are chain free (d) you intend to proceed fast (e)but you are going to use your preferred Westbourne conveyancing solicitors - as opposed tothe ones that will give their negotiator at the agency a commission or meet his conveyancing figures demanded by senior management.

What can I do where I am dissatisfied with the property lawyer who conducted my conveyancing in Westbourne?

Occasionally the level of service you receive is not as you expect, and is is a fact of life that occasionally matters do not go as planned. Nevertheless there is recourse if you were dissatisfied with your conveyancing in Westbourne. This varies from trying to resolve matters directly with them, through to reporting a property lawyer to their governing body. If you remain aggrieved you may consider getting in touch with the Legal Ombudsman.