I am the registered owner of a freehold residence in Sandwich but still pay rent, why is this and what is this?

It’s unusual for properties in Sandwich and has limited impact for conveyancing in Sandwich 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 one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.

What will a local search inform me concerning the house we're buying in Sandwich?

Sandwich conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search organisations for instance Xpress Legal The local search is essential in every Sandwich conveyancing purchase; that is if you don’t want any nasty once you have moved into your property. The search should provide information on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.

How does conveyancing in Sandwich differ for new build properties?

Most buyers of new build or newly converted property in Sandwich come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is completed. This is because builders in Sandwich usually buy the land, 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 accustomed to new build conveyancing in Sandwich or who has acted in the same development.

Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Sandwich is where the house is located. What do you suggest?

Flying freeholds in Sandwich are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Sandwich you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Sandwich may ascertain 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 residence.

In my capacity as executor for the estate of my grandfather I am selling a property in Monmouth but I am based in Sandwich. My solicitor (who is 235 kilometers awayrequires that I execute a stat dec prior to completion. Could you suggest a conveyancing practitioner in Sandwich who can witness this legal document for me?

Technically speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are based in Sandwich