Serina Abay handled the sale of a £225, 000 dwelling on The Willows, Dudley, DY2 in December 2009.
The handling estate agent was the Wakeman branch at 27 Dudley Street, Sedgley, Dudley, West Midlands, DY3 1SG.
The charges register, which contains information about matters affecting the land, revealed the following:
1 The land in this title is subject to the following rights reserved by a Conveyance thereof and of other land dated 9 December 1960 made between (1) Thomas P and (2) Dudley Wood Engineering Limited:-
"EXCEPT AND RESERVED (b) the right for the said Edward A his successors in title and assigns and his and their Lessees and tenants to maintain and use for so long as he or they shall require and without making any payment therefore the roads at present existing in the mines under the land hereby conveyed (c) full right and liberty for the said Edward An his successors in title and assigns and his and their lessees and tenants full right and liberty to work and get all or any of the thick coal up to the northerly boundary of the land hereby conveyed (except as hereinafter mentioned) without being liable for damage to the surface of the said land or to any buildings now or hereafter to be erected thereon. "
2 The land in this title is subject to the following rights reserved by a Conveyance thereof and of other land dated 27 January 1989 made between
(1) Dudley Woods Engineering Limited (Vendor) and (2) Hudsons of Dudley Limited:-
"SUBJECT TO all rights of way support water drainage and other rights and all quasi-easements rights or privileges as are at present existing or capable of being enjoyed over or in respect of the Property. "
3 (30. 12. 2003) A Wayleave Agreement and Consent dated 17 December 2003 made between (1) George Wimpey Midland Limited (Grantors) and (2) Aquila Networks PLC (the Company) contains provisions in the following terms:
"The Grantor(s) hereby give(s) the Company full and free licence and liberty and consent for the Company its servants workmen and others authorised by them to erect and or lay and use and thereafter from time to time repair inspect and maintain re-erect re-lay and remove electric lines either overhead or underground as the Company shall require for the transmission and distribution of electricity and the necessary service turrets poles stays ducts pipes and other apparatus appurtenant thereto (herein collectively referred to as "the said electric lines") (the right hereby granted to include the right to erect and or lay additional apparatus to that originally erected and laid in contradistinction from and in addition to the right already given to replace apparatus) over on and or under the said land on the plan numbered M4911 which relates to Grid Ref. SO950883 annexed hereto and for any of the purposes aforesaid to enter upon the said land to execute all or any of such works as aforesaid and to break up and excavate so much of the said land as may from time to time be necessary and remove and dispose of any surplus earth PROVIDED that in so doing the Company shall cause as little damage as may be to the said land and shall so far as practicable make good and restore the surface thereof"
The said Agreement and Consent also contains the following conditions:
"THE Grantor(s) hereby AGREE(S) with the Company:
(i) That he/she/they/it will not erect or permit to be erected any building or erection of any kind whatsoever or plant any trees under over or in close proximity to the said electric lines without first obtaining the prior approval of the Company such approval not to be unreasonably withheld
(ii) Not to raise or lower the level of the said land which would in any way affect the rights hereby licensed
(iii) That he/she/they/it will on any sale lease or other disposition of the said land or any part thereof sell lease or dispose of such land subject to this agreement.
THIS Agreement shall remain in force for a term of 99 years computed from the date hereof and shall continue thereafter from year to year until determined by either party giving to the other six months’ notice in writing".
4 (21. 04. 2005) A Transfer of the land in this title dated 1 April 2005 made between (1) George Wimpey Midland Limited and (2) Peter J and Catherine T contains restrictive covenants.
5 (21. 04. 2005) REGISTERED CHARGE dated 1 April 2005.
6 (14. 01. 2008) Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No. SC327000) of Halifax Division, 1 Lovell Park Road, Leeds LS1 1NS.
There were no significant delays in the transaction as Serina ensured that all the documentation and information that was supplied to the purchasers and their Conveyancing Solicitor were up-to-date and complete.
Draft contracts were exchanged on the 10th of December 2009, followed by a Fast completion on the 15th of December 2009, much to the satisfaction of both parties.
For Fast Conveyancing in Dudley for your home sale or purchase, contact Fridaysmove on 0330 660 0286.