My nephew is buying a newly built flat in Dover with a mortgage from . His lawyer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

I purchased a freehold property in Dover but still charged rent, why is this and what is this?

It is rare for properties in Dover and has limited impact for conveyancing in Dover 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 date back many centuries, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.

Old 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 extinguished.

I opted to have a survey done on a house in Dover in advance of appointing lawyers. I have been informed that there is a flying freehold aspect to the house. Our surveyor has said that some mortgage companies tend not issue a loan on a flying freehold property.

It varies from the lender to lender. Bank of Scotland has different instructions for example to Birmingham Midshires. If you e-mail us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Dover. Conveyancing will be smoother if you use a solicitor in Dover especially if they are familiar with such properties in Dover.

I have been advised by numerous selling agents in Dover to get a quote from a property lawyer on your site. Is there a financial upside for Estate Agents to promote your site over a competitor’s?

We don’t give any commission for directing people to this site. We thought it would be too underhand a fee as a client could think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.

Dover Leasehold Conveyancing - Sample of Questions you should ask before buying

How much is the ground rent and service charge? For many Dover leaseholds the cost for major works are not included within maintenance charges, albeit that some managing agents in Dover require leaseholders to pay into a sinking fund and this is used to offset against major repairs or maintenance. The answer will be useful as a) areas may cause problems in the block as the communal areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the managing agents you will need to have complete disclosure