On 19th september2006, a client instructed a Phew! Conveyancing solicitor to assist in the purchase of a property located on Maycross Avenue, London. The property was sold for £ 315000 to the client. London Borough of Merton was the local authority which was associated with the conveyancing deal.
The conveyancing solicitor examined the office copy entries at the land registry. The property was freehold and the title absolute which alleviated concerns regarding ownership. The conveyancing solicitor also made sure that the property was solely occupied by the seller or his immediate family before the sale.
The land registry documentation revealed that the property was subject to a transfer dated 19th April 1933. According to this transfer, some additional rights were passing along with the property. They are:
1. The right of way for the buyer, the persons deriving title under him and all persons authorised by him or the group in common with the vendors and all other persons entitled to the right over and along the section of the private road are shown and coloured in brown in the plan. The buyer and all the persons deriving title under him who use and enjoy the property are subjected to the obligation of paying a proper proportion of the expense of maintaining and keeping the said private road in good condition. The proportion to be paid is decided normally by the surveyor of London Borough of Merton or his nominee but in case he doesn’t act, it is to be decided by some other person as sole arbitrator under the provisions of the Arbitration Act 1989.
2. Along with the complete right and liberty for the purchaser and persons deriving title under him, they can pass and re-pass over and along Maycross Avenue which is shown in the plan either with or without carts, carriage, motor cars, other vehicles and horses for all concerned purposes in connection with the use and enjoyment of the property.
3. The buyer will also be having rights to the free passage and running of water and soil which is in common with the seller and other persons who have either now or hereafter will have the right through and all along the joint drains which serve the property hereby conveyed which are to the front side and rear of the messauges.
Beside those covenants mentioned in the lease, there were some additional restrictive covenants which were registered against the property and it was mentioned in the conveyance, dated 19th April 1933. They are:
- The buyer could erect a private detached or semi-detached dwelling-house on the land bought and he was not allowed to erect more such houses.
- The house cannot be altered, erected or constructed to be used by more than a single family.
- Unless for private purposes in connection with the dwelling house, no motor garage or stabling coach-house should be erected.
- The dwelling house erected must have a prime of minimum six hundred pounds.
- Prior to the erection of any type of building on the land, the buyer must submit the duplicates of plans and elevations to the seller or surveyors and get their approval before proceeding.
- The buyer could not use any building or erection as a workshop, shop, warehouse or any building to carry out any business, trade or manufacture. Also when the land is used for private dwelling house, the buyer should not erect or place any advertisement.
- He should not also get indulge in any sort of activities which can turn out to be offensive, noxious and offensive or disturbance to the seller or for those in the neighbourhood. It was also not allowed to raise any hut, shed, on wheel caravan house or any form of sleeping apartment on the land.
- The concerned land should not be allowed unenclosed. No fences can be there expect the approved close boarded fences or any other approved ones.
- The buyer had no right to do any type of digging or excavations of gravel sand stone or any other material except for laying foundations of any outbuildings or the house itself. In case of garden, certain level of digging may be tolerated.
- The buyer was also not allowed to use any portion of the bought land as a way or road to any adjacent or adjoining land of the vendor’ estate.
The Phew! Conveyancing team’s further enquiries revealed that the area where the house is situated was subjected to Smoke Control Order and Clean air Act. According to the Smoke Control Order, smoke from chimneys is to be prohibited. The Clear Air Act prohibited smoke from other premises as well.
It was also revealed that Maycross Road is adopted and maintained by the London Borough of Merton, except the side and rear access ways. That means, you may have to contribute to their maintenance and repair. A request was made to the seller’s solicitors to obtain more details. It was also revealed that the property is within 200 metres of the proposed Thames link 2000 rail improvements. 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 King Prior & Co.
