Conveyancing advice on covenants affecting house in Wolverhampton.

Springfield Road, Wolverhampton

Many houses in Wolverhampton are subject to restrictive covenants contained in old title deeds. Conveyancing Solicitors will check on these, and advise buyers of their existence. It is often assumed that these covenants are out-of-date and can no longer be enforced, just because they were originally imposed many years ago. However that is not always the case, and when acting for buyers of properties affected by such covenants Conveyancing Solicitors do need to look carefully at the wording of the covenants to see if they might still be of importance.

Acting for the buyers of a freehold house on Springfield Road, Wolverhampton WV10, Conveyancer Gemma Farguson noted that the land registry title set out some old covenants. The seller’s Conveyancing Solicitors were Connolley and Company, of 2 Walkers Way, Wolverhampton WV5 9PT and they sent an official copy of the land registry title together with the draft contract.  The charges register of the title stated that the following covenants affected the property:

“The following are details of the covenants contained in the Conveyance dated 14 March 1929 referred to in the Charges Register:-

The Purchaser for himself his heirs executors administrators and assigns to the intent that the covenant hereinafter contained shall bind the said hereditaments into whosoever hands the same may come for the benefit of the adjoining and neighbouring property belonging to the Commissioners doth hereby covenant with the Commissioners their successors and assigns that he will at all times observe and perform the conditions and stipulations set out in the Schedule hereto

THE Schedule hereinbefore referred to:

(2) The Purchaser shall not erect more than eight private dwelling houses on the said piece of land of a prime cost of not less than five hundred pounds each such cost being the net cost of materials and labour of construction only.

(3) The Purchaser will not erect the said dwelling houses except in accordance with plans block plans sections elevations and (if required) specifications to be submitted in duplicate to and approved of in writing by the Surveyors and signed by them and the Purchaser one of such duplicates to be retained by the Surveyors.

(5) The Purchaser will not use the buildings to be erected on the said piece of land for any purposes other than those of private dwelling houses .

(6) No alteration in the plan or elevation of the said erections and buildings to be erected on the said piece of land or in any external wall not any addition to the said erections and buildings on any external walls shall be made or maintained either in height or projection nor shall any structure whatsoever be placed attached or maintained on or to any part of the said piece of land except the said erections and buildings hereinbefore provided for without the previous consent in writing of the Commissioners or the Surveyors.

(7) That no clay sand gravel or brick earth shall be excavated from the said piece of land except where necessary for digging foundations of the said erections and buildings nor shall any refuse night soil or other objectionable matter or waste whatsoever be brought or suffered to be brought upon the said piece of land nor shall any bricks tiles clay or ballast be burnt or manufactured thereon.”

Covenants of this sort were typically imposed before the days of modern planning restrictions, and were an attempt by landowners to ensure that housing developments were not spoilt by unauthorised further development or houses being used for business or industrial purposes. These covenants would often be required when a landowner was selling some of his land but retaining adjoining land.

Since the covenants were originally imposed in 1929, it would be unlikely that the original landowner would still be alive. However where such covenants are imposed for the benefit of some retained land they will continue to benefit that land whoever owns it, so it is possible for such an owner to enforce the covenants. It may also be possible for the owners of adjacent properties which are subject to the same covenants to enforce the covenants, if there is evidence that they were imposed as a ‘building scheme.’

As the house apparently dated from about 1930 it was assumed that the original plans had been approved as required by clause 1, so no further evidence of that was required. Gemma asked the seller’s Solicitors to obtain confirmation from their client that he was not aware of any existing breach, and that he had not received any notices alleging any breach. The seller confirmed this, so Gemma was therefore able to advise her client that there should not be any problems.

The land registry title also mentioned that the mines and minerals had been reserved. Being aware that the property was in an area where coal mining might have taken place in the past, Gemma arranged for a coal mining search to be carried out by a specialist consulting engineer. This reported that although the geology of the area indicated that there were coal measures below the house, there was no record of any mining having take place in the area. The report noted that there were possible ancient coal mining workings within the likely zone of influence on the surface in the vicinity of the property, for which no accurate plans or records exist. However it was very unlikely that any further subsidence would now occur from such workings.

The local searches which Gemma obtained from Wolverhampton City Council confirmed that the road was an adopted public highway, and there were no planning records relating to the house.

Gemma had raised a number of additional enquiries with the seller’s Conveyancing Solicitors and once she was happy with the replies to these she was able to prepare a report on title to her clients, and get them to sign the contract and mortgage deed. As soon as a mutually convenient completion date had been agreed, contracts were exchanged and completion took place on the agreed date without any problem.

The Seller’s agents, Nick Tart of 12, Upper Green, Tettenhall, Wolverhampton WV6 8QH (tel: 01902 755585) thanked Gemma for her help in completing the transaction within the seller’s time-scale, while the buyers mentioned that they appreciated all her help and said they would recommend her to anyone else.

If you are buying or selling a home in the area, and want a Conveyancing Solicitor in Wolverhampton who will provide excellent personal service combined with legal expertise, get a quote now.