What is and why disclose overriding interests?

In order for the Land Registry to make their records more comprehensive,
on sale homeowners are now being asked to specify whether or not certain matters known as “overriding interests” apply to their property.

When you are selling a property then you will be asked by your solicitor to provide details of any such matters. Relevant questions are:

• Are there any arrangements allowing anyone else to use any part of your property for any reason. Examples of this would include rights to and fro over any part of the property or rights to use services?
• Have you leased any part of the property or the whole of it to anyone else?
• Does anyone have the right to enter onto your property and take something from it? For example rights to shoot and or take game or fish?
• Are there any customary rights or franchises – in other words historical or traditional matters allowing people to use he property or a part of it for something like holding fairs or grazing sheep?
• Does anyone else, other than you, who occupies your property have any rights in the property including any right to live there?
• Do you know of any rents, chancel repair liabilities, tithes or other sums of money that are either payable by you to somebody else or which are payable by somebody else to you? This is relevant whether or not the payment has ever been paid or demanded.
• Are there arrangements giving someone the right to mine the land or does anyone have a right to any minerals within the land?
• Is there a right in respect of an embankment, sea or river wall?
• Does any part of the property include land that you have acquired through long use and which is not included within the land identified in your deeds? This can be known as squatting or adverse possession.

Page Nelson are a Lincoln Solicitors who specialise in conveyancing law, making a will, Energy Performance Certificates, remortgaging, and residential and commercial property.

Electrical Work Needs To Be Properly Certified

Why Electrical work needs to be properly certified? (and not only to ensure your own safety!)

Since 1st January 2005, all electrical work carried out in dwellings (which includes but is not limited to houses, maisonettes and flats) has had to comply with Part P of the Building Regulations.

Work which involves adding a new circuit to a dwelling needs either to be notified to building control, which will involve an inspection of the work, or to be carried out by a competent person who is registered under the Part P Self-Certification Scheme.

Replacing a socket-outlet or a light switch on an existing circuit does not need to be notified to a building control body although work involving installation of extra power points or changes to circuits in bathrooms or kitchens or indeed the addition of outdoor electrical fittings must be notified.

Persons registered with Part P Self-Certification Schemes are fully qualified electrical contractors with the ability to check a circuit for safety. They will be able to issue Building Regulations certificates of compliance.

Page Nelson are a Lincoln Solicitors who specialise in conveyancing law, making a will, Energy Performance Certificates, remortgaging, and residential and commercial property.

What is Chancel Repair Liability?

Chancel repair liability is an ancient interest benefiting approximately 5200 prereformation churches (pre-1954) in England and Wales. The liability is to pay or contribute to the repair of that part of the church known as the chancel.

Who is Liable?
Potentially any owner of property or land in England and Wales. The main type of liability runs with the land and therefore any such claims are payable by the current owner of that land whatever the use. The interest can be registered on the title or be overriding interest (Under the Land Registration Act of 1922) which means it does not have to be registered on the title of a property to be enforceable and those liable would not be aware of any liability until they are asked for money to repair the chancel.

Who does it affect?
It affects approximately 3,780,500 acres of land in England and is enforced on the behalf of the Church of England by the Parochial Church Councils under the Chancel Repair Act 1932. Whilst the majority of chancel repair payments are settled out of court in the recent case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank (2003) Mr and Mrs Wallbank were required to pay £95,260 for chancel repair.

How can I avoid it?
By obtaining insurance. An initial search as to liability costs around £15 with insurance for potential liability costing upwards of £40 if required.

Page Nelson are a Lincoln Solicitors who specialise in conveyancing law, making a will, Energy Performance Certificates, remortgaging, and residential and commercial property.

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