On 30th August 2006, the Conveyancing solicitor team at Phew! was instructed by the client to investigate and advise on the purchase of a leasehold residential property located in Tulse Hill, London. It was found that the property had an absolute title, and hence the ownership was guaranteed by the Registry.
After checking the Office Copy Entries, it was found that as per the conveyance last mentioned in the charges register, the occupant may not benefit from any covenant or restriction allowed or granted by the Church in lands that are adjoining the said property. It was also found that the Church commissioners have the right to deal with their property as they wish to.
There also exists a right that water or soil from any adjoining land shall pass through the drains of the property. Similarly, a right to passage and light existed with the Commissioners with respect to the lessees or tenants.
A search with the Local Authority revealed that there exists a Smoke Control Order, which means that no unauthorised fuel can be used, and the smoke that emits from the chimney shall be subject to the Clean Air Act.
A conservation area is located only 200 metres within the property, and hence all buildings within the area shall be under the control of the Local Council.
Further inspection showed that although the area is adopted and maintained at local council expenses, the footway at the end is not.
The conveyancing solicitors for the sellers were PTL Solicitors and Estate agent for the deal was Spicehaart.
