Buyers concern about fences does not delay Conveyancing in Reading

Fences are not often high on the list of homebuyers concerns when buying a house, so long as there are no existing boundary disputes. However when Conveyancing Solicitor Natalie Gefen was carrying out the Conveyancing in Reading for Ms L the client was very worried that she might not be allowed to erect fences all round the garden.

Ms L was purchasing a 1960’s house on Earlsfield Close, Reading, Berkshire, RG4 6NX which was on a corner plot. The sale had been negotiated through agents Romans of 33-34 Market Place, Reading, Berkshire, RG1 2DE. Natalie had received the contract and other documents from E.J.Winter and Son of 10-12 The Forbury, Reading RG1 3EJ who were undertaking this Conveyancing in reading for the sellers.

The land registry entries stated that the property was subject to some covenants that had been imposed by the developers at the time the home had first been sold. It is very common to discover such covenants affecting properties during Conveyancing in Reading, so Natalie was not unduly concerned about them. She asked Winters so obtain a copy of the 1965 deed, which they faxed through.

However when Natalie sent this to Ms L, she was concerned about the following provisions:

“(a) To keep in good and substantial repair the walls or fences on the sides of the property hereby transferred marked ‘T’ within the boundaries on the plan annexed hereto.
(b) not to construct or place any additional building or other erection on the land hereby transferred or make any external alteration in or addition to the dwelling house and garage erected thereon or the walls and fences thereof without the previous licence in writing of the Vendor or its successors in title.
(f) Not to erect any fences or walls on the boundaries ... in addition to those shown marked ‘T’ on the said plan.”

Would these provisions create problems for the buyer?

As the client had a young child she wanted to know if this might cause any problems for her if she wanted to erect any additional fences. The land within the title included a large area at the side of the house, which was currently unfenced. Natalie investigated the details of the original developers in the companies register and found that they were still in existence, so there was a remote possibility that they could enforce these restrictions.

Having discussed these issues with her client, Ms L decided that she would be happy to proceed, and so a moving date was agreed and this Conveyancing in Reading was soon completed. Ms L thanked Natalie for her efforts in advising her about the restrictions and taking the trouble to make enquiries about the building company.

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