When carrying out Conveyancing in London for buyers, Conveyancing Solicitors may find that older homes are subject to covenants and restriction contained in earlier deeds. These are said to 'run with' the property, which means that they will continue to bind successive owners, provided that they are noted on the land registry title.
When Conveyancer Gemma Farguson was carrying out the Conveyancing in London for Mrs O who was buying a home on Green Lane, Goodmayes, Ilford, London, IG3, the registered title showed that the property was subject to covenants contained in a conveyance dated 19th January 1922. Although that was nearly ninety years ago, it is still possible that restrictions such as these could still be enforced, so Gemma asked for a copy of the 1922 deed.
The Conveyancing Solicitors undertaking the Conveyancing in London for the sellers, Tucker Turner Kingsley Wood & Co of 18 Bedford Row, London, WC1R 4EQ obtained a copy of the document from the land registry.
Typical provisions in 1920s Conveyance
This contained restrictions typical of those which were often imposed at the time when the house was built, in the 1920's. These included:
- a provision for the owner to maintain the boundary fence on the eastern side
- a prohibition on the carrying on of any trade or business at the property
- a restriction against using the property as more than one dwelling, which would prevent the land being sub-divided.
Although it is rare for such old covenants to be significant nowadays, their existence cannot be entirely ignored. The adjacent houses would be subject to similar provisions, and the owners of those properties could be entitled to enforce them. Gemma therefore asked for confirmation from the sellers that they had not done anything which would be in breach of them.
Buyers have to be made aware of them in case they are planning something which could be a possible breach. Gemma explained the provisions to her client in her report on title. The purchaser agreed that none of them were of any concern to her, she only intended to use the house as a private residence.
Contracts were exchanged once Gemma had received the result of her local search with the London Borough of Redbridge, Town Hall, 129-142 High Road, Ilford, London IG1 1DD. The sellers' agent, Sandra Davidson of 353 Green Lane, Seven Kings, London IG3 9TH, thanked her for completing the purchase as quickly as she had done, and Mrs O was also grateful for all her work.
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