Katie Clark, specialist Conveyancing Solicitor in Bromley, attended a transfer for a property in Pickhurst Rise on behalf of Mrs K. A host of issues were discovered with the transfer and after extensive research as to the possible repercussions and concerns, Katie expertly explained the complications to the client, so that Mrs K could make an informed decision as to whether she would like to continue with the instruction.
As per English law, Mrs K was not obligated to continue with the purchase of the property right up until contracts have exchanged. It is very important that Conveyancers reveal any hidden “concerns” regarding a property before the exchange to ensure the clients are fully aware of what they are buying. In this case, Fridays’ Conveyancing Solicitor, through thorough investigation, managed to put the clients mind at ease, by carefully going through each issue raised and deciding together whether the concern was manageable and acceptable.
The Concerns
Land Registry Documentation revealed:
- A right of way on the property – it was imperative for the Conveyancing Solicitor in Bromley to ensure that the right of way was used without disruption and would not cause a nuisance to the new owners.
- Multiple mortgages on the property - Conveyancers in Bromley had to ensure that the sellers were not in negative equity and that the sale price of £385K would be able to discharge all mortgages over the property
- Subject to Rights/Restrictions/Covenants – further investigation revealed the property was subject to restrictions as set out in a conveyance dated Sept 1928. Communication with the sellers Conveyancers in Bromley, Sumner and Main confirmed that the aforementioned rights/restrictions/covenants were fully complied with.
The local authority area of the property is Bromley District Council. The local searches revealed:
- Pickhurst Rise was an unadopted road. This caused concern for the client and the mortgage lender. The Conveyancing Solicitor in Bromley had to further investigate who owned the road and what were the practical arrangements in terms of maintenance and upkeep
- Planning permissions affected the property. It was important to ascertain the extent these permissions would affect the property.
Katie Clark, Conveyancing Solicitor in Bromley, scrutinized the above issues and with the client agreed that despite the “problems” it was still viable to continue with the purchase. The deal was completed in November 2009.
