When acting for the buyer of a freehold house in October 2009, our expert Solicitor in Conveyancing in Kings Norton spotted that the land registry title referred to restrictions registered against the title contained in a Conveyance dated 4 October 1923. The seller's Conveyancing Solicitors, LHP Law of Beech House, Church Green East, Redditch B98 8BP, were asked to obtain a copy of this, which they promptly supplied.
The Conveyance contained a covenant by the original purchaser and his successors in title with the seller that neither the purchaser, his heirs or assigns would erect a manufactory brickhouse or warehouse on the land. Given this restriction was imposed in 1923 and not really relevant today, the purchaser confirmed that he was happy to continue with the purchase of the property.
Conveyancing Solicitors frequently encounter restrictions like this on older houses in Kings Norton and in many areas around Birmingham and the West Midlands. They were imposed in the days before modern planning legislation, and were an attempt by house builders to stop owners in residential areas using property for industrial purposes.
The property information form also indicated that there was a guarantee for cavity wall insulation, a copy of which was supplied, and that a conservatory had been added to the property. Although extensions to houses often require planning consent, this is not usually required for conservatories. However building regulation approval will be required if a conservatory exceeds 30 sq. metres floor area or is not separated from the rest of the house by external-type walls and doors. The seller was asked to confirm that the conservatory was within those limits, so building regulation approval was not required.
There were no other problems with the title and the buyer confirmed that he was happy to proceed. Contracts were therefore exchanged, and the purchase was quickly completed.
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