On 18th June 2011, a client instructed the Phew! Conveyancing team to assist in the purchase of a property located at Mulberry Close, London. The property was bought by the client for £ 609950. The London Borough of Camden was related to this conveyancing deal.
The Conveyancing team carefully inspected the office copy entries and found that the property was Freehold. According to transfer dated 19th October 1993, some additional rights were passing with the property as referred to in entry 2 of the property register:
- The client had right to occupy and enjoy benefits of the property.
- The client had permission to pass through estate roads with or without vehicle.
- The client had access to pedestrian ways.
- The client had access to supply of gas, electricity and water.
- The client had access to the common television aerial and common garden area for recreational purposes.
- The client also enjoyed permission to enter the adjoining premises for repair and maintenance of the property.
According to transfer dated 19th October 1993, additional restrictive covenants were registered against the property which contains restrictions provided under the Fourth schedule:
- No alterations or additions to the property can be done without the written consent of the landlord.
- The property must not be used for any illegal or immoral purpose.
- The client must not practice anything that may cause trouble or annoyance to the landlord.
- No advertisements or notices are allowed in the property.
- No clothes or other articles must be hanged outside the property.
- No animals should be kept in the property.
- No changes in design or finish of the front entrance door and porch light of the property must be made.
- The exterior of the property must not be painted without the consent of the landlord.
- Any sale by auction or any meeting for religious or political purpose must not be carried in the property.
Further, the client has to pay the rent charges and contribute towards maintenance of the property. The third schedule of transfer dated 19th October1993, listed the services provided by the landlord and maintenance charges to be paid by client. Also, the external woodwork and ironwork in the property must be painted in white.
The Conveyancing team 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 Borough of Camden if the property is occupied by more than one household as bed-sitting rooms or other non self-contained accommodation with sharing amenities. The client must need a licence from the Borough of Camden before letting the property as HMO. Failure in doing so might result in fines, criminal conviction and other penalties. The property also falls in a conservation area as it was designated as special architectural or historic interest by the local planning authority. There are certain formalities regarding demolition of buildings, advertisements and other issues within a conservation area. The landowner needs to give a 6-week notice to the local authority to work on trees within a Conservation Area.
Mulberry Close is not adopted and hence is not maintained by the Borough of Camden. This meant that a contribution had to be made for its maintenance and repair. The conveyancing team requested the seller’s solicitors for more information in this regard. Our Conveyancing Solicitors’ inspection did not reveal any future plans regarding the arrival of new roads or maintenance of existing roads.
The conveyancing solicitor who appeared for the seller was Osbornes Solicitors and the estate agent was Goldschmidt & Howland.



