Our Winchmore Hill lawyer has discovered an inconsistency between the surveyor’s assumptions in the valuation survey and what is revealed within the legal papers for the property. My lawyer informs me that he must ensure that the lender is happy with this discrepancy and is still content to lend. Is my conveyancer’s stance correct?
Your must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am the registered owner of a freehold house in Winchmore Hill but still invoiced for rent, why is this and what is this?
It’s unusual for properties in Winchmore Hill and has limited impact for conveyancing in Winchmore Hill 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.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
Various web forums that I have visited warn that are a common cause of hinderance in Winchmore Hill conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published determinations of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of delays during the legal transfer of property. Local searches are unlikely to feature in any holding up conveyancing in Winchmore Hill.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Winchmore Hill is the location of the property. Is there any advice you can give?
Flying freeholds in Winchmore Hill are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Winchmore Hill you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Winchmore Hill 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 residence.
In my capacity as executor for the estate of my uncle I am selling a property in Cardiff but live in Winchmore Hill. My lawyer (approximately 250 kilometers awayneeds me to execute a statutory declaration prior to the transaction finalising. Can you recommend a conveyancing practitioner in Winchmore Hill who can attest this legal document for me?
Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will suffice regardless of whether they are Winchmore Hill based