I purchased a freehold residence in East Yorkshire yet invoiced for rent, why is this and what is this?

It’s unusual for properties in East Yorkshire and has limited impact for conveyancing in East Yorkshire 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.

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

When it comes to mortgage companies such as Skipton, do East Yorkshire conveyancing practitioners have to pay a fee to be on the list of approved solicitors?

We are unaware of any bank fees to be on their list of approved firms, although some do levy an administration fee to deal with the processing of the conveyancing panel application.

My wife and I are in the process of looking at apartments in East Yorkshire and I am about to put in an offer. Is it too early to have a solicitor in place? I will be getting a home loan with Clydesdale.

You should start requesting conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are obtaining a mortgage with Clydesdale, ask your prospective lawyers if they are on the Clydesdale conveyancing panel otherwise they can't do the mortgage legal work.

I have today made my last payment due on my mortgage with Lloyds. I assume I don't need a East Yorkshire property lawyer on the Lloyds panel to discharge the mortgage at the Land Registry. Am I right?

If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:

1. but are not moving to another property
2. where Lloyds has sent the Land Registry the discharge electronically, and
3. Lloyds has instructed the Land Registry to do so

How does conveyancing in East Yorkshire differ for new build properties?

Most buyers of new build or newly converted property in East Yorkshire approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is completed. This is because new home sellers in East Yorkshire tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in East Yorkshire or who has acted in the same development.

I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. East Yorkshire is the location of the property. Can you shed any light on this issue?

Flying freeholds in East Yorkshire are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in East Yorkshire you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in East Yorkshire 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 premises.

I have been recommended by a few selling agents in East Yorkshire to get a quote from a property lawyer using your seach tool. What’s the financial upside for Estate Agents to promote your services ahead of alternative conveyancing organisations?

We don’t make any referral fee for directing people in our direction. We found it would be just too difficult to pay a commission because home movers will think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.