On 2nd September 2011, a Phew conveyancing solicitor was instructed by a client to assist in purchase of a freehold property located in Strathfield Gardens, Barking, London. The property was bought for £ 285000 by the client. The local authority relating to the deal was the London Borough of Barking and Dagenham.
The office copy entries related to the property were thoroughly examined by the conveyancing team. The property held an absolute title which eliminated all worries about its ownership as it was guaranteed by the registry. It was also revealed that the owner and his family members were the sole occupants of the property before the sale was carried out.
According to a conveyance dated 20th July 1925, there were some additional restrictive covenants registered against the property:
- The client must not misuse access to air and light causing any disturbance to the adjoining property.
- The client was required to maintain fences around the property at the places marked ‘T’ in the plan.
- The fences and boundary heights must be approved by surveyors of Faircross Estate. The height of the boundary on the front side must be between 3-3.5 feet and must be built using light iron hurdle railings or Oak Park pale fencing with cleft pales. The height on the other sides of the property must be between 5-5.5 feet and must be close boarded oak or deal fencing.
- The enclosures next to road must be maintained at a height between 3.5-4 feet and must be built using suitable dwarf forecourt walls with posts and chains and suitable wrought wooden gates or with oak park pale fences with cleft pales.
- The property is strictly meant for residential purposes and no business activities can be carried.
- Only single family dwelling was allowed and no sort of alteration can be made for multiple dwellings.
- The client must build a house having a minimum frontage of 20 feet. The built house must at least have 2 reception rooms and 3 bedrooms in addition to a kitchen and bathroom.
- The client was not allowed to carry out any sort of construction work before building of the house. The garage must not be more than 230 sq.ft in area and must not have a frontage of more than 12 feet and height of 9 feet in height if the roof is flat or 13 feet if the roof is sloping. Similarly the cycle shed must not be more than 50 sq.ft in area or exceed 8 feet in height.
- Any sort of erection except green house or cycle shed must be approved by the seller. The frontage of the house erected must be facing the road. The front boundary line should be kept clear.
- The client was not allowed to carry out any trade or business in the property. Sale of liquor products is strictly prohibited.
- The client was not allowed to fix and run any machinery in the property.
- No advertisement boards or placards must be displayed in the property.
- The client is required to pay towards the maintenance of roads.
- No excavation or digging activity can be carried out without the consent of the seller.
The conveyancing team also revealed that the property stood in an area which came under the Smoke Control Order and Clean air Act. According to Smoke Control Order, excess smoke from chimney was not allowed and according to the Clean Air Act smoke of any kind from other premises was not allowed.
Also, there was an HMO order according to which the London Borough of Barking and Dagenham must be informed, if the property was occupied by more than one family as bed or sitting rooms or any other non self-contained accommodation with some sharing facilities. A licence from the London Borough of Barking and Dagenham was required before the property is let as HMO. Any failure to do so might pave way for legal action.
Strathfield Gardens is adopted & hence is maintained by London Borough of Barking and Dagenham. Our conveyancing solicitors’ inspection did not reveal any future plans regarding the arrival of new roads or maintenance of existing roads in the near future.
The conveyancing solicitor who appeared for the seller was Marcus Baum and the Estate agency was Aston Fox.
