On 12th April, 2007, the conveyancing team at Phew! was advised by a client to assist in the purchase of a leasehold residential property located in Upper Tulse Hill, London Borough of Lambeth. The property purchased by the client for £160,000 had an absolute title, thereby assuring the ownership by the Registry. The conveyancing team was instructed to inspect if the property was indeed owned and occupied by the seller.
The property was subject to several rights and covenants that were granted in the headlease. It was observed that the property was originally sold by the trustees because of a bankruptcy of one Mr. Michael Robert Haworth, and the only condition imposed was that the trustee should be registered as the legal owner before disposition of the property.
It was found that there existed a Smoke Control Order on the property and hence the area was governed by the Clean Air Act. Fuel from unauthorised sources was not allowed to be burned under the order.
It was also observed that the property came under the ‘Green Belt’ and hence there were restrictions on members planning a renovation. While permission may be allowed for a dwelling house, it would be temporary until the alteration or the extension was done.
The area surrounding Upper Tulse Hill was adopted and hence maintained at public expenses. Also, at the time of inspection, it was observed that there were no proposals for road reconstruction or improvement within 200 metres of the property.
Conveyancing solicitors for the opposite party were M/s. Trevor Munn and estate agents for the deal were M/s. Spicehaart.
