Property Conveyancing(Freehold), St Francis Place, Balham, Wandsworth

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On 24^th September 2009, the Phew! Conveyancing team was asked by a client to help him in purchasing a property in St Francis Place, Balham, London. The property was sold for £730000 to the client. London Borough of Wandsworth was the local authority which was associated with the deal.

The Phew conveyancing team verified the office copy entries related to the freehold property. The absolute title of the property eliminated all worries about its ownership as it was guaranteed by the registry. The team also made sure that the property was occupied by the seller or his family members before the sale of the property.

According to a conveyance dated 10^th May 2006, there were some additional rights passing with the property:

1. The client had access to gas, water, and soil.
2. There was permission for the use and maintenance of eaves, gutters or any other erection in the property.
3. The access to the property was granted as per the 3^rd and 4^th entry of the First Schedule.
4. The access to way was granted as per the 5^th entry of the First Schedule.
5. The access to parking space was granted as per the 7^th entry of the First Schedule.
6. The property had some additional benefits as mentioned in a transfer dated 6^th May 2005.

There were some additional rights over the property. The property is subject to following rights as reserved by a transfer, dated 10^th May 2006:

1. The client was allowed to erect service installations in the property as per the 1^st and 3^rd entry of the Second Schedule.
2. Access to gas, water, electricity and soil was allowed as per the 2^nd entry of the Second Schedule.
3. The access to the property was granted as per the 5^th, 6^th and the 7^th entries of the Second Schedule.

There were also some additional restrictive covenants registered against the property:

1. The property must only be used as private dwelling.
2. The parking area must only be accessed for private purposes only.
3. Any kind of work on the property must be only carried out with prior notice as mentioned according to the 3^rd and 12^th entries of the Third Schedule in the Transfer dated10th May 2006.
4. No plantations or erections of any sort must be carried out within 1.5 metres of any service installations.
5. The owner did not have the right to erect any advertisement boards or any sort of notices on the property. Further information has been provided in Conveyance dated 10^th May 2006 in Third Schedule.

The following covenants were mentioned in a transfer dated 6^th May 2005:

1. The client had permission to pass over the property with or without vehicles through the roadway coloured yellow in the plan.
2. The client had the access to various services in the property.
3. The client had permission for maintenance and repair of various services in the property. However, the process must not cause any harm or damage to others or the neighbouring property.
4. The owner enjoyed the right for erection of any scaffolding on his property and also the right to the maintenance and repair of boundary walls.
5. The transferor also enjoyed rights as enjoyed by the client. The transferor could access the property with or without vehicles, but only along the blue coloured portion in the plan.
6. The client held permission to access the property for maintenance, inspection or repair.
7. The transferor was not permitted to cause any sort of obstruction to the roads.
8. Any sort of disposition in the property must not be carried out without the consent of the transferee.
9. The client is required to pay 15% of the cost of repair & maintenance of renewal lighting of roadway & the gates at pint F in the plan.

The transfer dated 11^th September 1973 also listed out some important covenants:

1. The property must be solely used for residential or educational purposes.
2. The client was not allowed to practice any activity within the property that turned out to be a public nuisance.
3. The client was required to maintain and repair the boundaries towards the north-west and northern portion of the property.

The Phew conveyancing team also revealed that the property was located in an area which was under the purview of Smoke Control Order & Clean air Act. According to an HMO order, the London Borough of Wandsworth 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 sharing facilities. A licence from the London Borough of Wandsworth was required for letting the property as a HMO – failure in abiding the rule might pave way for legal action.

St Francis Place is adopted & is maintained by London Borough of Wandsworth. . Our conveyancing solicitors’ inspection did not reveal any plans for building new roads or maintenance of existing roads in the near future.

The conveyancing solicitor who appeared for the seller was Alen-buckley & Co and the Estate agent was Hamptons International – Clapham.

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