On 15th April 2011, a client instructed Phew! New Malden Conveyancing solicitor to assist in the purchase of a property located at Cheltenham Close, New Malden, London. The property was bought by the client for £ 139000. The London Borough of Kingston Upon Thames was related to this conveyancing deal.
The conveyancing solicitor carefully inspected the office copy entries and found that the property was Leasehold. The conveyancing solicitor also assured the property to be solely occupied by the owner and his immediate family members.
According to a conveyance dated 16th January 1987 as referred in entry 1 of the Charges Register, the additional restrictive covenants registered against the property were:
- The owner was not permitted to erect any buildings or structures within a distance of 1.5 metres from the common boundaries nor was allowed to carry out any alteration in ground levels.
- Any new construction shall be carried out only with the written approval of British Railways Board.
- The owner was not allowed to carry out any activity that might harm the adjoining property or neighbours.
- No discharge of drainage from the owners’ property towards or onto the adjoining land of the Board should be carried out.
- Nothing should be fixed within 2 metres of the nearest rail on British Railways Board’s adjoining land.
According to deed of grant dated 20th May 1988 as referred in entry 2 of the Charges Register the following restrictions need to be abided:
- Any building or structure must not be erected nor trees be planted within a distance of 1.5 metres of the easement land. The conveyancing solicitor found out that the property under this title fell within 1.5 metres of easement land. The charges register could be referred for further details.
The 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.
There was an HMO order on the property which meant that the client must inform the London Borough of Kingston Upon Thames if the property was to be occupied by more than one household as bed-sitting rooms or other non self-contained accommodation. The client must also need a licence from the London Borough of Kingston Upon Thames before letting the property as HMO. Failure in doing so may result in fines, criminal conviction and other penalties.
Cheltenham Close is adopted & maintained by London Borough of Kingston Upon Thames but only numbers’ 1 to 24. Whereas other parts are maintained privately, a contribution has to be made towards development and maintenance of these parts. Our Conveyancing Solicitors’ inspection did not reveal any future plans regarding the arrival of new roads or maintenance of the existing roads.
The conveyancing solicitor who appeared for the seller was Lewis-Dick Solicitors and the estate agent was Your Move.
