Conveyancing in Bradford - Solicitors rescue buyers from disaster

Conveyancing Solicitors know that the area administered by the City of Bradford Metropolitan District Council includes several towns and villages surrounding Bradford itself. When property lawyer Jaaine Intharajah was acting for Mr and Mrs S buying a house in Southfield, Burley in Wharfedale, LS29, she had to obtain the usual local search from the relevant council. She therefore checked the boundaries covered by the local authorities in the area, and found that the property fell within the bounds of Bradford Council, and sent the search request to their offices at Jacobs Well, Bradford, BD1 5RW.

The clients had previously instructed Wolstenholmes LLP, a long established firm of Solicitors in the north of England. Unfortunately, the firm was closed down by the Solicitors Regulation Authority at the end of 2009, following complaints from clients who had been unable to contact the firm and found their offices were shut. This left Mr and Mrs S looking for a new Solicitor at short notice, and Jaaine stepped into the breach. The sellers’ agents, Dacre Sons and Hartley of 1-5 The Grove, Ilkley, LS29 9HS were informed of the change of Solicitors, and asked the sellers’ Conveyancing Solicitors James Bloom of 20 The Grove, Ilkley, LS29 9EG to forward a fresh copy of the draft contract and land registry title to Jaaine.

As it was not immediately possible to obtain any papers which might have been held on Wolstenholme’s files, Jaaine had to start from scratch and carry out the local search as well as the other property searches which are normally necessary, such as the drainage and water search and an environmental search.

The title contained the following note:-

‘The following are details of the covenants contained in the Conveyance dated 19 February 1909 referred to in the Charges Register:-

"The Purchasers do hereby jointly and severally each for himself his heirs and assigns covenant with the Vendor in manner following that is to say

That they will not erect any building on the said plot of land nearer to any road than is indicated by the building line marked on the said plan (bay windows and porticoes approved by the Vendor's Surveyor excepted)

That no trade or business shall be carried on or bricks burned upon the said plot of land and no building of any kind other than a private dwelling house with the appropriate offices and outbuildings appurtenant thereto shall be erected thereon without the consent of the Vendor in writing

That no dwelling houses shall be erected on the said plot of land of less value than Twenty five pounds per annum and that the plans and elevations of any houses so erected shall be approved by the Vendors Surveyor

IT IS HEREBY DECLARED AND AGREED that all the covenants and restrictions hereinafter set forth entered into as well for the material benefit of the Purchasers of portions of the building estate of the Vendor on the West side of Station Road aforesaid as for that of the Vendor himself AND further that the foregoing covenants and restrictions shall both as regards the liability thereunder and the benefit thereof run with the land with reference to which they are entered into so far as legally can be but neither the Vendor nor the Purchasers nor any present or future owner of any plot of land affected thereby shall be personally liable under such covenants and restrictions in respect of any act matter or thing which may be done or suffered after they or he have or has parted with the same plot of land'

Covenants of this sort are often encountered on older properties, and are rarely a worry for buyers. This house was well-established, and had clearly been built many years ago. It could therefore be assumed that even if the original building plans had not been approved by the original seller, it would be virtually impossible for anyone to claim that there was a breach of covenant. The house was used as a residential property, the buyers intended to live there and did not have any intention of changing the use even if that had been permitted. Although Jaaine had to inform the clients of these covenants, they agreed that they were not a worry, and told her to proceed with their purchase.

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