I own a freehold residence in Widdrington but still charged rent, why is this and what is this?

It is rare for properties in Widdrington and has limited impact for conveyancing in Widdrington 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.

Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.

Will my lawyer be raising enquiries about flooding as part of the conveyancing in Widdrington.

Flooding is a growing risk for conveyancers dealing with homes in Widdrington. Plenty of people will purchase a house in Widdrington, completely aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Lawyers are not qualified to give advice on flood risk, however there are a various checks that can be initiated by the buyer or by their conveyancers which should figure out the risks in Widdrington. The standard completed inquiry forms given to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to find out if the premises has ever been flooded. If the premises has been flooded in past and is not disclosed by the vendor, then a buyer may commence a compensation claim stemming from an misleading answer. A buyer’s solicitors will also conduct an environmental report. This will higlight if there is any known flood risk. If so, more detailed investigations should be carried out.

I used Wolstenholmes a few years past for my conveyancing in Widdrington. Now, I need my documents however the law firm is no longer operating. What do I do?

You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Widdrington of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

Due to the encouragement of my in-laws I had a survey completed on a house in Widdrington in advance of instructing lawyers. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies tend refuse to issue a mortgage on such a house.

It depends who your proposed lender is. Santander has different instructions for example to Halifax. Should you wish to telephone us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Widdrington. Conveyancing will be smoother if you use a solicitor in Widdrington especially if they are familiar with such properties in Widdrington.

I was pointed in your direction by a couple of local property agents in Widdrington to locate a property lawyer on your site. Is there a financial inducement for Estate Agents to offer your lawyers over and above another?

We don’t give any referral fee for pointing buyers and sellers our way. We thought it would be too underhand to pay a commission as a client could think, ‘Why is the agent getting a kickback? Why aren’t I getting any benefit too?’ We would prefer to grow our business on genuine recommendations.