On 14th September 2010, a client instructed a Phew! Mill Hill conveyancing solicitor to assist in the purchase of a property located on Brancaster Drive, London. The property was bought by the client for £ 293500. The London Borough of Barnet was related to this conveyancing deal.
The conveyancing solicitor carefully inspected the office copy entries and found that the property was Freehold. According to a conveyance dated 29th March 1996, there were some additional rights passing with the property:
- The client had right of way.
- The client also had right to use the service installations at the neighbouring land for the benefit of the property,
- There was permission to extend the roof space of the dwelling house or garage already erected or to be erected within the certified period within the boundary of the property.
- The access was granted for repair and maintenance of roof space and other service installations.
- The rights granted must not be exercised over land transferred or vested in Electricity Board or any other statutory undertaking.
The Phew! Mill Hill conveyancing solicitor revealed that as per transfer dated 29th March 1996, there were some additional rights over the land:
- The client had access to service installations within the property for the benefit of the neighbouring land and the access for the repair and maintenance of the same.
- The client enjoyed the permission to build dwelling houses or garages on the adjoining land within the estate for which boundary wall could be used as the inside wall.
- The client was allowed to access the property for the purpose of planting any tree or shrub and also for erecting boundary fences.
- The permission for parking of visitors’ cars or other private vehicles was only for temporary periods and that too only in the parking spaces marked V in the Transfer plan.
The Phew! Mill Hill conveyancing solicitor found that as per transfer dated 29th March 1996, there were additional restrictive covenants registered against the property:
- The roads, footpaths and landscaped areas within the estate must be kept free from blockage or obstruction and access for public purposes must be granted.
- Any part of the property which forms a part of the Highway Visibility Splay must not be used for any purpose other than as lawn and the client should obtain the written consent of Highway Authority and any structure used must remain intact without any loss.
- The Highway Authority might dedicate Highway Visibility Splay or landscaped area forming part of the property for use of the public.
- The property should be used only as a private dwelling house. The site of the building can be used as a garden or pleasure ground.
- The garage shall be used only for private use. Advertisement of any kind within the property, on fence, on building or on any erection on the property is not allowed other than a notice for sale.
- No unauthorised person or company must be granted permission to use any service installations.
- There were restrictions over erecting new structures in the property.
The Phew! Mill Hill conveyancing solicitor also found out that the property was managed by Peverel Property Management Group.
The following must be noted:
- The garden, pleasure ground or dwelling house in the property must be kept in a neat and tidy condition.
- The walls and fences surrounding the property marked “T” on the plan must be repaired and well maintained.
- A rent must be paid for cleaning, maintaining, repairing and renewing of party walls, fences, service installations etc.
- A written notice shall be served to the Landlord with copies of the concerned documents and a registration fee of £94 within one month of any transfer or change of the property.
- A deed must be signed with the managing agents to abide by the restrictions in the Transfer document. A certificate of consent from the managing agent must be obtained.
The Phew! Mill Hill conveyancing solicitor also revealed that the property stood in an area which came under the purview of Smoke Control Order and Clean air Act. As per Smoke Control Order, smoke from chimney was not allowed and the Clean air Act did not even allow smoke of any kind from other premises, as well. Also, there was an HMO order which meant that the client must inform the London Borough of Barnet the council if the property was occupied by more than one household as bed-sitting rooms or other non self-contained accommodation with some sharing amenities. The client will need a licence from the London Borough of Barnet before you let the property as HMO. The client must contact the London Borough of Barnet for further information. Failure to do so might result in fines, criminal conviction and other penalties.
Brancaster Drive is adopted and hence maintained by the London Borough of Barnet. The Phew! Mill Hill conveyancing solicitors’ inspection did not reveal any plans regarding arrival of new roads or maintenance of existing roads.
The conveyancing solicitor who appeared for the seller was Taylor Walton Solicitors and the estate agent was Ellis & Co.



