I own a freehold property in Wickford yet pay rent, why is this and what is this?

It’s unusual for properties in Wickford and has limited impact for conveyancing in Wickford 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 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 post 2037 will be dispensed with completely.

My aunt passed away six months ago and as sole heir and executor I was left the house in Wickford. The house had a relatively small loan left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to UBS, pay off the mortgage. Is this allowed?

Given you intend to re-mortgage then UBS will require that you use a conveyancer on the UBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your UBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the UBS mortgage is registered as a charge at the Land Registry.

There are numerous conveyancing solicitors in Wickford but how do I know who I should use?

We would encourage you not to go for the lowest Wickford conveyancing quote. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

It is unclear whether my bank requires a lease extension. I have telephoned my Wickford bank branch on numerous occasions and was reassured it wasn't an issue and they would lend. My Wickford conveyancing solicitor - who is on the bank conveyancing panel- called to say that they would not lend based on their published requirements. I simply don't know who is right.

Provided that the lawyer is on the mortgage company panel, they must comply with the Council of Mortgage Lenders’ 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.

I had an offer accepted on an apartment in Wickford on 3/12/2024, valuation was booked 2 days later, received a clean bill of health. Conveyancer appointed, so all that was missing was my mortgage offer. Having made daily calls to TSB and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the TSB conveyancing panel. Can the lender hold off the offer?

A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for TSB to deal with your lawyer's application to be on the TSB conveyancing panel. There's no guarantee that your solicitor will be accepted.

Are there restrictive covenants that are commonly picked up during conveyancing in Wickford?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Wickford. 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'm purchasing my first flat in Wickford with the aid of help to buy. The sellers refused to budge the amount so I negotiated 6k of extras instead. The property agent told me not inform my lawyer about the extras as it may affect my mortgage with the lender. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.