Freehold Conveyancing, Lincoln Avenue, Colindale, Richmond Upon Thames

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On 19^th June 2009, a client instructed a Phew! Colindale Conveyancing solicitor to assist in the purchase of a property located on Lincoln Avenue, Colindale, London. The property was bought for £ 275000 by the client. The London Borough of Richmond Upon Thames was related to this conveyancing deal.

The Conveyancing solicitor inspected the Office copy entries related to the freehold property. The absolute title of the property eliminated worries about its ownership as it was guaranteed by the registry. The solicitor also assured that the property was occupied by the seller and his immediate family members before the sale.

Some additional restrictive covenants were registered against the property according to a conveyance dated 23^rd December 1927:

1. The owner was not allowed to erect any building or any extension in front or adjoining road no. 3 marked on plan not less than 70 feet from the centre of the road.
2. Also no such erection is allowed in front or adjoining road no. 2 marked on plan not less than 42.6 feet from the centre of the road.
3. The owner is not allowed to erect any building other than private dwelling houses or use the same for any other purpose without consent of the seller.
4. No materials such as gravel or clay should be acquired from the property other than for constructing roads or erecting buildings in the property.
5. Any kind of notice, advertisement, name plate or placard of any kind must not be put in the property except an advertisement for sale/letting of the property.
6. The owner was not allowed to erect any buildings of temporary nature.

(The Schedule of restrictive covenants set out in the Charges Register of the Office Copies of register entries could be referred).

The property also abides by restrictive covenants listed in a conveyance dated 22^nd November 1929 which are similar to those listed above.

Also according to a conveyance dated 12^th August 1932 the owner is restricted to do anything which would prohibit the sellers or their assignees from erecting 37 dwelling houses or shops in the property.

Also according to a transfer dated 21^st December 1935 certain restrictive covenants need to be followed:

1. The owner was required to maintain boundary fences marked “T” in the plan.
2. The owner was not allowed to erect anything near the road than the building line  or projections which shall not project more than 3 feet beyond such line.
3. The owner was not permitted to erect any other house or building except with approval from the sellers’ solicitor in writing.
4. No erection such as pole or any such thing for connecting wireless telegraphy or telephony in front of the building line was allowed also if allowed must not project above the height of house and any such erection in the garden must be painted in white or must be a single post or steel post with single aerial wire and be maintained in a perpendicular position with adequate means of support.
5. The owner must pay for making and maintaining road sewage drains etc and indemnify the sellers against any related charges.
6. No access from the Great Chertsey road to any garage made may be provided.
7. The owner was only permitted to construct only detached or semi-detached houses on plots of not less than 30 feet frontage.

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 Richmond 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 Richmond Upon Thames before letting the property as HMO. Failure in doing so may result in fines, criminal conviction and other penalties.

Lincoln Avenue is adopted & maintained by London Borough of Richmond Upon Thames. 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 Calvert Smith & Sutcliffe and the estate agent was Gascoigne – Pees.

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