London Conveyancing Solicitors acting for buyers in the Capital still discover cases where the title has not been registered at the land registry. This happened when Dawn Thomas was acting for the buyers of a detached freehold house on Repton Avenue, Gidea Park, in the London Borough of Havering where she found that the property was being sold by the executor of a deceased owner.
The house dated from 1924, and was one of the attractive properties on the former Romford Garden Suburb Balgores estate. The seller’s Conveyancing Solicitors, McCorry Connolly of 8, Holgate Court, Western Road, Romford, RM1 3JS obtained the original title deeds from their client and sent Dawn copies which were required to show the seller’s title to the house, together with a copy of the grant of probate. The seller’s agents were Balgores Property Service of 5-6 Station Chambers, Victoria Road, Romford, RM1 2HS, Tel: 01708 755507.
The house had been in the same family for many years, and had been originally bought by the seller’s parents prior to 1967, when it became compulsory for titles to properties in the borough to be registered when they were sold. Dawn noted that the property had been bought by the parents jointly, but the grant of probate was only in respect of the late wife’s estate. She therefore asked for evidence of the husband’s death, as this would be required by the land registry to show that the title had passed to the wife on the death of her husband. The Solicitors supplied a copy of the relevant death certificate.
The title deeds stated that the house was subject to various rights and covenants set out in a 1924 conveyance from the estate developers, Charles A McCurdy and Sir John Tudor Walters to a Mr H Satterthwaite, and the boundaries were shown on the plan attached to that deed. Dawn asked the seller’s Conveyancing Solicitors for a copy of that conveyance; this was located with the deeds and so they were able to promptly send a copy. They also confirmed that all the original deeds would be handed over on completion, as it would be necessary for Dawn to pass them on to the land registry as evidence of the chain of title.
The covenants in the 1924 Conveyance were clearly standard ones which would have been applied to all the houses on this development. They were intended to preserve the amenities of the area, and to prevent owners using the properties for commercial or business purposes. From the seller’s replies to the property information form, it appeared that a small extension had been added to the house which might have required consent under the provisions of one of the covenants. However, the seller was able to confirm that this had been built more than twenty years earlier, and was at the rear of the house. Dawn therefore agreed that there was little likelihood of anyone now claiming there was a breach of covenant, so no further action was required.
Following the completion of the purchase, Dawn sent the application for first registration of title to the land registry, together with the original deeds. The registry quickly completed the registration without having to raise any further London Conveyancing enquiries, and sent a copy of the new register which Dawn was able to send on to her clients.
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