I am need of leasehold conveyancing for an apartment in a relatively new development (seven years built) in Wynyard. The vast majority the flats have already been sold. Do I need carry out the local searches for my conveyancing in Wynyard?
You would be opening yourself up to an unnecessary risk in not carrying out Wynyard conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal necessity to have them, but we would strongly advise in the strongest possible terms that your lawyer conducts them. Where speed and cost are primary concerns you should consider with your solicitor about the option of search insurance
I am the registered owner of a freehold residence in Wynyard but nevertheless pay rent, why is this and what is this?
It is rare for properties in Wynyard and has limited impact for conveyancing in Wynyard 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 hundreds of years, but the Rent Charge Act 1977 barred the establishment 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.
I am downsizing from our house in Wynyard and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. A high street Wynyard conveyancer would know that there is no such problem. It does beg the question why the buyers used a factory type conveyancing practice as opposed to a conveyancing solicitor in Wynyard. We have lived in Wynyard for six years we know of no issue. Should we contact our local Authority to get confirmation need.
It sounds as though you may have a conveyancing solicitor already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
I am purchasing my first flat in Wynyard with a mortgage from Birmingham Midshires. The builders would not reduce the amount so I negotiated five thousand pounds worth of additionals instead. The estate agent advised me not to tell my conveyancer about the side-deal as it could adversely affect my loan with Birmingham Midshires. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer 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.
Over the last few months I have been searching for a flat up to £235,500 and identified one close by in Wynyard I like with a park and station nearby, however it only has 51 years unexpired on the lease. I can't really find anything else in Wynyard for this price, so just wondered if I would be making a mistake buying a lease with such few years left?
If you require a mortgage the remaining unexpired lease term will likely be an issue. Reduce the offer by the anticipated lease extension will cost if it has not already been discounted. If the current owner has owned the premises for at least twenty four months you can request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor about this.