Conveyancing in Sheffield completes in compliance with restrictions

Restrictions constrain certain registered dispositions of land, meaning that they prevent the land from being sold or gifted or impose conditions on these transactions.

When preparing the documentation for a sale, Conveyancing Solicitor Serina Abay confirmed that there were restrictions on the property she was transacting. When Conveyancing in Sheffield, solicitors have to make buyers aware of these as they will generally limit the owners’ rights to the property.

Serina was advising sellers on Conveyancing in Sheffield regarding a detached freehold property valued at around £185k in Eckington, Sheffield, S21.

In many cases, restrictions will have been made when the house was first sold and thus can be decades old. Unfortunately, they may (and often do) “run with the land”. This means that they apply regardless of who owns the property, and thus can still be valid even after a many years.

Typical restrictions on Conveyancing in Sheffield

One common obligation that can be found in Conveyancing in Sheffield is the Restriction on Dispositions by a Sole Proprietor. This arises when several people buy a property and opt to hold it as Tenants in Common.

Unlike a joint tenancy, where all tenants share their rights to the property and are jointly and severally liable, a Tenancy in Common attributes a specific share of the property value to each tenant. 

If the aforementioned is placed on the property held in common by the tenants, on the death of one of the tenants, the survivor(s) cannot simply sell the deceased’s share.

Another obligation that is often found when Conveyancing in Sheffield is one that requires consent for disposition of the property.

Consent could be required from anyone, but normally this will be a landlord or management company.

The aim of this is usually that the purchaser of the property complies with existing agreements. If the house cannot be sold without consent from the landlord, then the landlord can make sure that the new owner agrees to any covenants before allowing the sale.

When liaising with the buyers’ Conveyancing Solicitors, Lewis Francis Blackburn of 14-16 Paradise Square, Sheffield, S1 2DE, it was important that Serina mention the restriction on the property for this Conveyancing in Sheffield.

Fortunately, the obligations posed no major issue for the buyers. Once they had accepted these limitations, the transaction completed in mid-July.