When advising clients on the sale of a freehold dwelling, Conveyancing Solicitor in Stoke-on-Trent Katie Clark discovered that there was a restriction registered on the property. The semi-detached house is located on School Lane, Caverswall, Stoke-on-Trent, ST11.
While such obligations normally limit the alterations that can be made to a property or require consent for certain developments, they can sometimes take a more unusual form.
Conveyancing Solicitor in Stoke-on-Trent uncovers unusual restriction
In this case, it seems that the building was originally a vicarage that was sold in 1960. Reverend Arthur Victor Yates moved to the neighbouring property, but he wanted to make sure that his old vicarage would not be put to questionable use.
Conveyancing Solicitor in Stoke-on-Trent Katie unearthed the original text of the restriction. The Reverend and the Church Commissioners for England covenanted with the buyer as follows:
(1) That the Purchaser would not at any time thereafter call […] dwelling house […] or permit the same to be sold or designated “The Vicarage” or “Caverswall Vicarage” or by any other name which might suggest that the said property was occupied by the [Reverend].
(2) That neither the property thereby conveyed or any part thereof […] should at any time thereafter be used as or for a place of amusement hotel, tavern, inn, or public house, nor should any spirituous or fermented liquors at any time be sold in or upon the same property […] and that no act, deed, matter or thing should at any time be done, suffered or permitted in or upon the property thereby conveyed […] which might be or become a nuisance, annoyance or disturbance to the [Reverend] or his successor or which might tend to depreciate or lessen the value of the neighbouring property belonging to the [Reverend].
Clearly, even though he might have been prepared to sell the property, the Reverend was not prepared to accept unchristian behaviour or allow the house to be associated with him in the future.
It was important that Katie inform the buyers’ Conveyancing Solicitors, Chesworths Solicitors on 37 Trentham Road, Longton, Stoke-on-Trent, Staffordshire, ST3 4DQ.
Fortunately, as the buyers only intended to use the property for residential purposes, this did not pose a problem.
However, they might have to be especially considerate to their new neighbours.