I purchased a freehold property in Downton yet pay rent, why is this and what is this?

It’s unusual for properties in Downton and has limited impact for conveyancing in Downton 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 generation of fresh rentcharges from 1977 onwards.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.

We wanted to use a property lawyer in Downton for our house move. Our financial adviser has since notified us that our mortgage lenders Barclays won't deal with them. Surely this is unduly restrictive?

Banks tend to restrict either the type or the number of conveyancing practices on their approved list of lawyers. Typical examples of such criteria being that a firm must not be a sole practitioner. In addition to restricting the type of firm, some have reduced the amount of solicitor practices they use to act for them. Be aware that Barclays have no responsibility for the quality of advice provided by any member of Barclays Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels since 2008 even though there are differing views about the level of solicitor involvement in some of that fraud. Figures from the Land Registry reveal that hundreds of law firms, including some in or near Downton only conduct a couple conveyances a year.

Forgive me if this question is silly but I am unseasoned as FTB of a two bedroom flat in Downton. Do I pick up the keys to the property on the completion date from my conveyancer? If this is the case, I will instruct a local conveyancing solicitor in Downton?

On the day of completion you do not need to go to the conveyancers office in Downton. Your solicitors will electronically transfer the completion advance to the owner’s solicitors, and once they have received this, you should be called to collect the keys from the selling Agents and start moving into the property. Usually this occurs early afternoon.

My wife and I buying a 3 bedroom semi in Downton. Our aim is to an extension at the rear at the house.Will legal work on the property involve checks to ascertain if these alterations are permitted?

Your solicitor will review the registered title as conveyancing in Downton can occasionally identify restrictions in the title deeds which prevent certain works or require the permission of another owner. Some additions require local authority planning permissions and approval in compliance with building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be sensible to check these things with a surveyor ahead of any purchase.

I am buying a property in Downton. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Aldermore be concerned?

As your lender is Aldermore your lawyer must check the conveyancing requirements outlined in Section 2 of UK Finance Lenders’ Handbook for Aldermore. The Council of Mortgage Lenders’ Handbook includes minimum provisions for solar panel roof-space leases, and lawyers are required to report to Aldermore where a lease fails to meet these specifications. The requirements relate to the installation of panels on properties nationwide and is not restricted to Downton.

A friend recommended that if I am purchasing in Downton I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?

This is a search is usually quoted for as part of the standard Downton conveyancing searches. It is a large document of about 40 pages, listing and detailing significant information about Downton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data concerning Downton.

I am purchasing a new build house in Downton with a mortgage from Chelsea Building Society. The developers would not reduce the amount so I negotiated £7000 of additionals instead. The estate agent told me not disclose to my lawyer about the deal as it may jeopardize my loan with the bank. 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.