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Conveyancing

Getting your house in order

A longstanding client expressed interest in purchasing a charming period property situated in one of the most popular market towns in the Borders. The date of entry was tight and the client advised following her successful Offer that she would be abroad for two weeks.

The property had been renovated in the late 1970’s and was listed in 1981. It had formerly been used as an old school house and was set in delightful grounds in a conservation area. Most of the large mature trees in the grounds were subject to Tree Protection Orders meaning that the client would need permission to lop or top them. Investigation was required with Borders Council to ascertain which trees were the subject of the Order to ensure that the client would not carry out any unauthorised work to the trees without the appropriate consent. The client was then advised of the particular trees that she would need to obtain permission for before having any work carried out on them.

Additionally, from reading the Home Report and when the titles were exhibited, it was evident there had been alterations carried out to the property following the conversion in the late 1970’s to form an en suite shower room off the master bedroom. It was important to ascertain the age of the alterations as Listed Building Consent may have been required for the work. It was necessary to confirm that the alterations were carried out prior to the listing of the property in 1981. Investigations with the selling agent and home report surveyor were required to shed light on the age of the alterations and whether they needed the additional Listed Building Consent on top of the usual planning permission, building warrants and completion certificate. As the surveyor was hesitant to confirm the age of the alterations, in that they were older than 1981, and to allow the purchase to go ahead, we sought sworn statements from the seller that her mother had carried out the alterations prior to the property being listed.

The client was pleased that on her return from holiday matters which may have caused delays to the settlement date were remedied and she could complete the purchase the property on the day she wanted.

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