Help, need advice on returned searches!!

batley1

Just got mail from solicitor regarding local searches. They say everything they consider normal, but I'd like a couple of second opinions, see letter below, and tell me what you think, would be very much apprieciated any advice. Please advise particulally on the stuff in bold.


''The property is also subject to a Transfer dated 29th December 1980 (copy enclosed).The covenants and conditions affecting the property are in my opinion neither unusual nor onerous and may be safely accepted. Please note the main covenants and conditions are as follows: -



1. A right to the free and uninterrupted passage and running of water, soil, gas and electricity over, through and along all sewers, drains, watercourses, gutters, downspouts, pipes, wires, cables and other services in, on or under the adjoining land.

2. To pay a reasonable proportion of the expense of repairing and maintaining all party sewers, drains, watercourses, pipes, gutters, downspouts, wires and cables and other things in common with the adjoining property.
3. Not to carry out any trade or business nor use the property for any purpose other than as a private dwelling house.

4. Not to do, keep or suffer to be done or kept upon the property any act or thing which may be or become a nuisance or annoyance or cause inconvenience to adjoining properties.

5. To maintain the land included in the property surrounding the dwelling house.



Please refer to the Official Copy of Register Entries and the Transfer for additional covenants and conditions.



If there are any further matters that are not addressed above and you wish for me to investigate with the Vendor’s solicitors it is important that you do so at this stage.



Obviously, I have not visited the property and can not say if there are any existing breaches of the covenants. If you believe that there may be it is important that you notify me and I will raise the issue with the Vendor’s solicitors.





SEARCHES



Local Authority Search

The local authority search confirms that Lowood Lane is an adopted highway maintained at public expense.



The search reveals that the property is included in a Smoke Control Order declaring the area to be a smoke control area. Consequently it is an offence to emit smoke from a chimney of a building, from a furnace or from any fixed boiler located in this area.



Water & Drainage Search

In accordance with your instructions we have not carried out a formal search. We are currently awaiting a water bill from the vendors solicitor to confirm that the property is connected the mains water/drainage. If the vendor does not provide this document it will be necessary to carry out a water and drainage search.



Coal Mining Search

The Coal Authority has recommended that a search is carried out on this property. We have therefore requested the same at a cost of £20.00 and will revert to you on receipt.
Environmental Report
In accordance with your instructions we have not obtained an environmental report.

I look forward to hearing from you in due course. ''
We've had a few issues with our solicitiors(charging us for rush it through, and sending everything either by second class post, or to the wrong addresses). I also havent been asked about the coal mining search at all, and know for a fact there was no coal mining ever done in this area(lots of family in this area), advice about this anyone?

Does everything seem present and correct, and shall I proceed with the exchange? It was supposed to happen yesterday, but have been waiting for the searches to come back!


Look forward to hearing from anyone, this site has kept me going through out this entire process!!

Claire

lynzpower

All looks pretty normal to me

becsxxx

Hi,
All the covenants and restrictions seem pretty standard to me (and I've done a lot of conveyancing).
Coal mining: see the following website for a list of areas where it is suggested that coal searches take place:

http://www.coal.gov.uk/services/miningreports/gazetteer.cfm

Hope that helps!

robwend

its sound dont worry

johncorleone

We're in a similiar circumstance, we have a clause :

"The property can only be used as a private dwelling house."

Does this stop me from using one of the bedrooms as an office in order to work from home a day a week ?

lynzpower

hi John

i think it means that you cant run a business, for example guest house / B&B etc. additionally if you ran a office from your spare room, how is that different from me just surfing the interne tin mine. ? Whos going to know and what is the enforcement. Additionally to say if you are working from home, Id suggest this means you are effectively employed elsewhere, but undertaking some work at home - rtherefore not running a business from there in any case


I asked about a v similar clause in mine, in terms of foster caring & emergency respite work, absolutely no problems.