Commonhold is a new type of property ownership. It was created by the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) as a possible alternative to leasehold title. The CLRA 2002, together with the Commonhold Regulations 2004, came into force on 27 September 2004.
Commonhold Property Ownership Explained
August 11th, 2011 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing, Property Market 1 Comment »
What is the meaning of Flying Freehold?
August 3rd, 2011 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing 2 Comments »
Some of the terminology used in conveyancing can be confusing and difficult to interpret. Conveyancers sometimes get so used to the legal jargon that they will use it when speaking to clients, forgetting that they cannot be expected to understand.
Read the rest of this entry »
Checking if a Property is at Risk from Flooding
July 20th, 2011 HIP-Consultant.co.uk Posted in Insurance, Property Conveyancing 3 Comments »
Flooding is now a major problem for many parts of the UK, and as our climate changes, the problem is growing. As well as putting lives in danger, a flood can destroy homes and property in no time at all. If a property is found to be in an area at risk from flooding this can have a seriously negative effect on its value and increase insurance premiums.
Protecting a Right to a View
June 21st, 2011 HIP-Consultant.co.uk Posted in Legal, Property Conveyancing 1 Comment »
In English law there is no such thing as a legal right to a view. This was established in Aldred’s Case 1610, which showed that to qualify as an easement a right must be “sufficiently definite”, whereas a right to view is far too general in terms of the land which bears the burden.
Changes to Adoption of Private Drains and Sewers
June 14th, 2011 HIP-Consultant.co.uk Posted in Local Authority Searches, Property Conveyancing 1 Comment »
There is some mixed news for home owners this week. New regulations, made under powers granted by the Water Act 2003, are being considered by Parliament which if approved will mean that any stretches of private sewer or drain which are shared with another property will be automatically adopted by the relevant water authority for the area.
Boundary Disputes – What you need to know
June 13th, 2011 HIP-Consultant.co.uk Posted in Land Registry, Legal, Property Conveyancing 1 Comment »
Boundaries are one of the major causes of disputes between neighbours. Whether one neighbour is encroaching on another, there is an argument that the boundary line is in the wrong position or shared boundary is not properly maintained, issues that might start out as trivial can quickly escalate.
What you need to know about Rentcharges
June 6th, 2011 HIP-Consultant.co.uk Posted in Property Conveyancing 2 Comments »
A rentcharge is a type of legal interest in land. The owner of a rentcharge is entitled to collect a rent from the owner of the land affected by it and will usually have a “right of re-entry” if the rent is not paid. In addition to the obligation to pay rent there will generally be other covenants which, if breached, give rise to the right of re-entry. Rentcharges, like mortgages, can be bought and sold.
Homeowners paying £765 million too much in legal fees
May 31st, 2011 HIP-Consultant.co.uk Posted in Property Conveyancing, Property Market 1 Comment »
The typical move for a homeowner will involve legal costs for both the sale of their old house and the purchase of their new one. And if they use a traditional high street conveyancing solicitor then, on average, they’ll pay almost twice what it would cost them if they went online.
Dealing With Rent and Service Charge Payments
May 25th, 2011 HIP-Consultant.co.uk Posted in Property Conveyancing, Property Market 3 Comments »
Where a property is leasehold there will usually be a ground rent payable and if it is a flat, a service charge. They will usually be demanded annually or perhaps bi-annually or quarterly. When the property is sold the seller is responsible for amounts due up to and including the date of complete and the seller is responsible thereafter.
Understanding Conveyancing Law
May 10th, 2011 HIP-Consultant.co.uk Posted in Property Conveyancing, Property Market No Comments »
Most of us at some point in our lives will come into contact with conveyancing law (or land law as it is properly known) but most people know little or nothing about it. Many volumes have been written on the subject over the centuries and I certainly don’t intend this article to be a comprehensive lesson on conveyancing but it is intended to provide a background to the law governing conveyancing and some of the ways it affects day to day transactions.
Estate Agents and Sellers Making False or Misleading Statements
April 18th, 2011 HIP-Consultant.co.uk Posted in Estate Agents, Legal, Property Conveyancing No Comments »
When buying a property it is important to ensure that you inspect everything that you can and that you have surveyed everything that you can’t, such as the structure or the electrics and central heating system. This is because of the principal of caveat emptor – Latin for buyer beware.
Read the rest of this entry »
