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Property Record

Old Title Restrictions – Conveyancing in Leicester

Conveyancing Solicitors in Leicester often find that properties in the area are affected by restrictions in old title deeds. When Conveyancing Solicitor Dawn Thomas discovered that some restrictions affecting a freehold house in Walker Road, Birstall, Leicester, she was able to give the buyer advice as to whether they were important.

Property details were received from the Leicester branch of selling agents Moore & York in June 2010, and the draft contract with an official copy of the sellers’ title at the Land Registry was received from the office of Solicitors Bray & Bray at Spa Place, 36-42 Humberstone Road, Leicester LE5 0AE. The copy title showed that the property was subject to some restrictions contained in a Conveyance dated December 1933. Dawn asked the solicitors to obtain a full copy of the 1933 conveyance, which was supplied by the Land Registry.

Such restrictive covenants are often found in property titles and have usually been imposed when the house was first sold. Consequently, they may be many years old, and there is a tendency to assume that they are out of date and can be ignored. Regrettably, even some Solicitors seem to subscribe to this theory, but a competent Conveyancing Solicitor acting for a purchaser will check that there are no subsisting breaches of the restrictions, or if there is anything which causes concern, they will ask for the vendor to pay for indemnity insurance to be obtained.

The search carried out with Leicester City Council, showed that planning consent and building regulation approval had previously been obtained for a dormer window and new gable roof, so Dawn checked that such works would not also be in breach of the restrictions, as these might have required that consent to alterations also be obtained from an adjoining land-owners . No such consent was needed in this case, nor was any indemnity policy required, so the purchase was completed to the clients satisfaction.

Property owners have to be aware of these restrictions, as even if there is no current problem, a new owner may be planning to carry out works which would cause a substantial breach. For instance, in one case, a Conveyancing Solicitor was approached by a client looking to buy a fairly new house with a very large garden, and the person selling had obtained planning consent for the erection of a new bungalow to the rear of the house. This was an attractive proposition to the client, however, when the land on which the house stood had been sold as a building plot, a covenant had been included that only one dwelling/house could be built on the plot. Consequently, the client had to be advised that if they tried to build a separate bungalow at the rear of the house, there was a strong possibility the owners of the adjoining property would begin legal action. This did, in fact, happen when the original owners decided to build the bungalow themselves, and they had to stop building work for some time until alternative plans were agreed with the neighbouring owners.

Anyone looking to buy or sell a house in Leicester and the surrounding area is advised to choose a Conveyancing Solicitor with good local knowledge, why not ask Fridaysmove for a quotation? Call us on 0800 038 6446.

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