I am the registered owner of a freehold residence in Weybridge yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Weybridge and has limited impact for conveyancing in Weybridge 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 creation 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.
We expect to receive a OIP from Bank of Ireland this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Bank of Ireland recommend any Weybridge solicitors on the Bank of Ireland conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Weybridge solicitors independently although you'll need to choose one on the Bank of Ireland conveyancing panel. The solicitor represents both you and Bank of Ireland through the process.
After weeks of negotiation I have agreed a price on an apartment in Weybridge. My financial adviser suggested a lawyer. I paid an advanced payment of £200. Soon after, the conveyancer called me embarrassingly acknowledging that they were not on the Clydesdale 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 Clydesdale 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.
Having digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Weybridge solicitor - who is on the Nationwide conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Weybridge surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I used Arc property Solicitors several years ago for my conveyancing in Weybridge. I now require my papers but cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Weybridge of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I decided to have a survey completed on a property in Weybridge in advance of retaining solicitors. I have been informed that there is a flying freehold element to the property. My surveyor advised that some lenders may not issue a loan on such a premises.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. If you call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Weybridge. Conveyancing may be slightly more expensive based on your lender's requirements.
Is it best to use a Weybridge conveyancing practitioner who is local to the property I am purchasing? We have a good friend who can conduct the legal formalities but his firm is located 400kilometers away.
The primary upside of using a local Weybridge conveyancing practice is that you can attend the office to execute paperwork, deliver your ID and pester them where appropriate. Having local Weybridge know how is a benefit. That being said nothing is more important than finding someone that will pull out all the stops for you. If you know people who used your friend and they were happy that must trump using an unfamiliar Weybridge conveyancing solicitor solely due to them being round the corner.