by Tony Lilleystone, Legal Manager
Get a quote for Conveyancing in Leicestershire
Our Conveyancing Solicitors work across the county of Leicester. The county is centred on the historic city of Leicester, which is the main population centre. Other residential towns within the county include Loughborough, Melton Mowbray and Market Bosworth. Much of the county is rural, with many small towns and villages, and there is a wide variety of residential property throughout Leicestershire.
For all buyers or sellers of houses in Leicestershire, a Fridaysmove Conveyancing Solicitor will provide expert assistance with Conveyancing work in all parts of the county at a reasonable fee - but what must a local buyer or seller consider when undertaking a property transaction?
The city of Leicester is administered by Leicester city council, a unitary authority providing all local government services within its area. In the remainder of the county, Leicestershire county council is responsible for the provision of county-wide services such as education and highways, and is based at County Hall, Glenfield, Leicester LE3 8RA. Within the county are seven borough or district councils which carry out local services in their areas.
For several years the former county of Rutland was merged with Leicestershire. In the 1997 local government reorganization Rutland became a separate unitary authority. Although it is now for administrative purposes entirely separate from Leicestershire, properties in Rutland still have the LE postcodes, which can lead to the assumption that they are still in Leicestershire.
Whether you are looking to buy or sell in one of the many residential areas in the city and towns of Leicestershire or purchasing a rural cottage or a home in a village location, a Conveyancing Solicitor’s professional and local knowledge equates to highest-quality service throughout Leicestershire, and enables them to advise on many matters affecting properties in the area.
Areas of property law where local knowledge is invaluable:
Many towns have expanded considerably in the last few years, and newly-built houses are popular with many buyers. Although modern homes tend to be somewhat smaller than older properties, they will be have the highest standards of insulation and are therefore cheaper to heat and maintain. They will also have up-to-date fitted kitchens and bathrooms. Housing developments are now laid out in much more pleasing ways than the long straight terraces of previous years, with houses grouped around small cul-de-sacs. This can lead to unsuspected legal problems for Conveyancers, as access will often be over private roads and paths, with provision for owners to contribute to maintenance of common areas.
On some estates where there are shared facilities, and planning authorities have required landscaped areas to be set aside, developers have had estate management companies set up. It is a requirement of the purchase contract that each house buyer becomes a member of such company. Once the estate has been completed the common areas will be transferred to the company, which will then carry out required maintenance work and levy a service charge to cover the cost.
If you are buying such a new-build home in Leicestershire, a Fridaysmove Conveyancing Solicitor can advise on all the legal ‘ins and outs’ of the Conveyancing process.
Homes in more rural areas of the county are sought after, but buyers of such properties should make sure that they receive the best legal advice. Many such properties do not adjoin public roads, so buyers must be certain that the house enjoys a legal right of access. Also drainage may be to a septic tank, which could be on a neighbour’s property, and a Fridaysmove Conveyancing Solicitor will be able to obtain the necessary information and advise accordingly.
As an example of some of the complications which can arise, in early 2010 our Conveyancing Solicitor Stephanie Gerstler received instructions from clients looking to purchase a country property at Bottesford, Leicestershire. Confirmation of the agreed terms was received from agents Newton Fallowell of Cranmer House, Bingham, Notts NG18 8AN. The house was advertised as a Victorian character home which had been stylishly restored, and in a ‘tucked away’ position, being on a private lane close to the village centre. It was stated to include gardens to the front and side, with various outbuildings and parking.
From the agent’s sales details it appeared that the house was in Notts, but when the contract and copy of the registered title were received from the owners' solicitors, Chattertons of 30 Avenue Road, Grantham NG31 6TH, it was noted that it was actually in Leicestershire.
From the information supplied by the sellers and their solicitors, it was clear that none of the property boundaries directly adjoined a public road. The replies to the local search with Melton borough council confirmed this, and indicated that there were no plans for the access road leading to the nearest main road to be adopted. Consequently it was essential that the house a clear legal right of access. The registered title contained the following provisions, which showed that a satisfactory right did indeed exist:
The land has the benefit of the following rights granted by an Assent dated 30 March 2001 vesting the land in this title:-
“ ‘The Retained Property’ means all that property edged blue on the attached plan.
Rights granted for the benefit of the Property
(1) A right of way from time to time and at all times hereafter by day or night for all purposes connected with the use and enjoyment of the Property but not for any other purpose whatsoever for the recipients and their successors in title the owners and occupiers for the time being of the property or any part thereof and their respective servants and licensees (in common with the Personal Representatives and all other persons having the like right) with or without vehicles of any description and with or without animals to and from the property or any part thereof over and along the driveway coloured yellow on the plan attached hereto provided that the right hereby granted shall not be exercised in such a manner as to impede prevent or restrict vehicular access along the said driveway subject to the payment of the expense of maintaining and keeping such driveway in good and substantial repair and condition in the proportion according to user.”
The standard drainage & water search with Severn Trent Water showed that the house was connected to mains water and drainage, but the nearest mains were in the public road some distance from the property boundary. Therefore the drains running from the house to the main sewer and the water supply pipe leading to the house would be private, and again necessary legal rights were essential. The registered title showed that the property benefited from such rights.
“(2) The right to construct drains watercourses pipes and other conducting media under and along the said driveway coloured yellow on the plan attached hereto (within 80 years from the date hereof) and thereafter the free and uninterrupted passage and running of water soil gas and electricity over through and along all sewers drains watercourses pipes wires cables and other conducting media under the said driveway with the right at all reasonable times and after giving reasonable prior notice (except in the case of emergency) to enter upon the driveway coloured yellow on the plan attached hereto with or without workmen for the purpose of laying maintaining renewing or repairing any of the services referred to above the recipients and their successors in title causing as little damage as possible and making good all damage caused thereby as soon as possible.
(3) The right to use the sewers drains water pipes and electricity supply cables at present running under over or through the Retained Property and with the right at all reasonable times and after giving prior reasonable notice (except in the case of emergency) to enter upon the Retained Property for the purpose of inspecting repairing renewing substituting cleansing or maintaining the said sewers drains water pipes or electricity supply cables the recipients and their successors in title causing as little damage as possible and making good all damage caused thereby as soon as possible.
(4) The right to lay a water supply pipe or pipes along the line coloured purple on the plan attached hereto and afterwards to use the same for the supply of water to the Property together with the right at all reasonable times and after giving reasonable prior notice (except in the case of emergency) to enter upon the Retained Property with or without workmen for the purpose of laying, maintaining, renewing and repairing the said water supply pipe or pipes the Recipients and their successors in title causing as little damage as possible and making good immediately all damage caused to the Retained Land.”
These rights include not only the right to use the relevant pipes, together also with electricity cables, but also to enter on the adjacent land to repair and replace them as and when necessary.
As might be suspected, the owners of other adjoining property had various rights over the property being purchased. These rights were also set out in the register:
“The land is subject to the following rights granted by a Conveyance of land adjoining the Southern boundary of the land in this title dated 30 March 1979 made between (1) Mr B. (Grantor) and (2) Mr & Mrs P. (Grantees):-
TOGETHER WITH the easements and rights set out in the First Schedule hereto
THE FIRST SCHEDULE before referred to
4. The right to connect with and use the water pipes and electricity supply cables at present running under over or through the adjoining property of the Grantor and with the right at all reasonable times and after giving reasonable prior notice (except in the case of emergency) to enter upon the said adjoining land of the Grantor for the purpose of laying inspecting repairing renewing substituting cleansing or maintaining the said water pipes or electricity supply cables the Grantees and their successors in title causing as little damage as possible and making good all damage caused thereby as soon as possible"
Enquiries were raised through the sellers' Conveyancing Solicitors, and the sellers confirmed that they had not experienced any difficulties in using the private access road and the other services, nor had they been required to make any payments for maintenance.
With the Soar and other rivers flowing through Leicestershire, there are areas in the county where there may be a risk of flooding affecting residential properties. In recent years flooding has affected more homes, and those which are seen as being at high risk can be expensive (or even impossible) to insure. This will affect property prices, so it is something that must be checked. A Fridaysmove Conveyancing Solicitor will check if a property is in an area where there is a significant risk of flooding.
Coal was mined across Leicestershire, and records indicate that workings took place as early as the 13th century. These medieval mining operations were undertaken near Worthington, Donnington-le-Heath and Swannington. From the 18th century onwards deep mines were worked, and places such as Coalville were established to house miners and their families. Workings carried on until the latter part of the 20th century, but have now ceased and little evidence of the collieries may now be apparent on the surface.
Where houses have been built above old mine-workings, there is always the possibility of subsidence, as ground settles after the coal has been extracted. Therefore when acting for a house purchaser in an affected area, a Conveyancing Solicitor will ensure that a search is carried out to ascertain whether there is evidence of former subsidence or any likelihood of this happening in the future.
Many modern developments consist of flats and apartments, either in new purpose-built blocks or conversions of older industrial or commercial buildings. There are also numerous flats in the county which have been created by the splitting up larger houses, while purpose-built maisonettes are not uncommon in some areas. These are generally held on leasehold titles. A Solicitor dealing with the transfer of such properties will cover such additional matters as advising on the provisions of the lease, getting and checking details of the management of the building (especially important for apartments in larger blocks) and service charges, as well as ensuring that there are no outstanding issues with the management company which may cause problems to the purchaser.
One potential problem that quite often arises on house purchases is when the seller has more than one mortgage registered, and/or there is a restriction registered in respect of a loan or other debt. The existence of a restriction prohibits registration of any transfer of the property without the consent of the person or company named in the restriction.
In the case of leasehold flats it is common to find a restriction registered requiring confirmation from the landlord or its agent that the buyer has registered a notice of assignment of the lease with them. A restriction of this type will remain registered against the title as it is intended to apply to all subsequent owners of the flat.
Where a restriction has been registered which relates to a loan or something similar, the buyers' Conveyancing Solicitors will need to ensure that the restriction is actually removed at completion. Therefore they will require the sellers' Solicitors to contact the person or company who registered the restriction and agree to pay them the necessary amount to clear the loan, so that the restriction can be removed.
If there is more than one mortgage on a house, then of course both must be settled at completion. There is always the possibility that there is more outstanding on the mortgages than the sellers will receive from the sale. Buyers' Conveyancing Solicitors will wish to ensure that this situation does not arise, so will ask for confirmation that vendors’ solicitors have obtained redemption figures before contracts are exchanged.
Fridaysmove Leicestershire Conveyancing Solicitor Catherine Williams encountered this situation when acting for buyers of a freehold house in Melton Mowbray, Leicestershire. On receipt of a copy of the registered title from the sellers' conveyancing Solicitors, she noted that there were two mortgages registered against the property, although both with the same lender. This is not uncommon where owners have taken a further loan, but buyer’s Conveyancing Solicitors have to ensure that the sellers’ Solicitors arrange for both mortgages to be repaid and cancelled on completion.
There was also a restriction registered, apparently in respect of some other debt. Catherine had to press the sellers’ solicitors to give an assurance that they would settle the debt on completion and obtain the necessary land registry form from the lender, so that the restriction would be removed from the register.
For anyone buying or selling a property in Leicestershire, our Conveyancing Solicitors will offer the highest level of professional service on properties throughout the county, whether in town or country, from a substantial mansion to a small flat.
If this article has raised any concerns or questions relating to your home move, our team are ready to advise you how to proceed and instruct a Solicitor with the relevant skill set for your move.
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