2. Investigating Title, Buyer's Pre-Contract Searches, Town/Country Planning, Buyer's Funding (Stage 2); Exchange of Contracts (Stage 3) Flashcards
Searches and Enquiries
What must a sellerβs solicitor do if they discover there has already been a triggering event in relation to unregistered property they are dealing with, and when?
Make an application to HMLR before drafting the contract
Searches and Enquiries
What are the six pre-contract searches which are always carried out?
- Local search
- Drainage and water search
- Desktop environmental search
- Index map search
- Chancel Repair search
- Bankruptcy search (if buyer is borrowing)
- Company search (if seller is a company)
Searches and Enquiries
What will a desktop environmental search reveal?
Based on historical records and will indicate whether the property has been used for potentially contaminative land uses.
Also contains
* likelihood of flooding
* susceptibility to natural subsidence.
* industrial land uses within 250 metres of the property
Planning Law
Under the Town and Country Planning Act 1990, planning permission is required for any development. In what two ways is development defined?
Defined under section 55:
1. Operational - Building, engineering, mining or other operations with regard to land, or
2. Material change of use of any buildings or other land
Planning Law
What is a permitted development?
A development which has deemed permission and is exempt from applying for express permission.
- Check for Article 4 Direction
Include developments within the curtilage of a dwelling house (such as extensions below a certain size) and minor operations
(such as painting the exterior of a building or installing a CCTV camera)
Planning Law
What are some examples of permitted developments, i.e. developments with deemed permission?
Small home extension, porch, fence, conservatory
Planning Law
What is the effect of a local authority passing an Article 4 Direction?
It revokes the permitted development exception for the relevant area.
Planning Law
What is the consequence of planning issues running with the land?
The buyer is liable for any planning issues relating to land purchased.
Planning
What is the extent of the listed status where a building is listed?
It covers everything within the curtilage
Planning Law
Within what time limit of breach must a local authority bring an planning enforcement action regarding a listed building?
There is no time limit
(cf. non-listed buildings where time limits apply)
Planning Law
What is a use class?
A category of use describing the activities of the building.
Planning permission generally required to change use class, even if no building work is being done.
What are the various use classes?
B2 β general industrial
B3 β storage and distribution
C β residential uses
* hotels (C1)
* dwelling houses (C3)
* houses in multiple occupation (C4)
E β commercial, business and service
* Retail sale of goods, other than hot food
* Sale of food and drink for consumption on the premises
* Financial and professional services
* Uses which can be carried out in a residential area without detriment to its amenity (i.e. offices w/ adminstrative functions/R&D)
F β local community and learning: learning and non- residential institutions/essential cornershops.
Sui generis - one of a kind
* drinking establishments
* entertainment establishments
* hot food takeaways
What are the two functions achieved by the buyerβs solicitor submitting a clear Certificate of Title to the lender?
- Confirms to lender that title is good and marketable
- Requests a release of the mortgage advance
What two steps does the process of perfecting the mortgage involve, and who does it?
Buyerβs solicitor will:
- Apply to register the title to the property after completion
- Ensure the lenderβs legal charge is registered as a first legal charge on the Charges Register.
* If company, also registered at CHs.
When is Formula A used for exchange and what is a quick way to remember this?
When one solicitor holds both signed parts of the contract.
Remembered because one solicitor is Away and the other is doing All the work
How is the interest in a sale contract protected after exchange, where land is (1) registered and (2) unregistered?
Registered: Notice placed on the sellerβs charges register
Unregistered: C(iv) estate contract registered against the sellerβs full name
Both are removed upon completion.
* only done where time period between completion and exchnage is extended.
How is a contract varied after exchange?
Both parties must exchange contracts again with the new variation.
Searches and Enquiries
What occurs if there is an error in the official search certificate and what remedy is available?
Buyer is still bound by what should have been on the report, even if unaware of it, however they can claim an indemnity from HMLR
What are the two types of forms used when (1) whole of the land and (2) part of the land in a title is being transferred?
- Whole: TR1 Form
- Part: TP1 Form
In a chain of transactions, what amendments are advisable to ensure these are well synchronised?
- Amend standard condition to different completion time (2:00pm) for one of the transactions.
- Provide for one exchange to be contingent of the other.
In a freehold transaction, at what stage do parties become generally become bound?
On exchange
Under the standard conditions in freehold transactions, does the risk of damage/destruction remain with the seller?
No, it passes to the buyer.
- amendable under SCs
Why should existing mortgages not be included in the specified list of specified encumbrances?
Existing mortgage is expected to be discharged by completion.
- No longer burden the land when buyer acquires it.
At exchange, when would a solicitor use Formula C of Law Society Conveyancing Protocol ?
where there is a chain of transactions.
At exchange, when would a solicitor use Formula A of Law Society Conveyancing Protocol ?
Where one solicitor holds both signed copies of the contract.
- most likely be the Sellerβs solicitor.
What is the most common means of exchanging contracts?
Telephone under Formula B
Searches and Enquiries
How is title guarantee different from class of title?
Title guarantee - relates to guarantee that seller can give about the title and incumbrances and assurance they will assist buyer to transfer it.
Class of title - relates to the quality of title itself.
Searches and Enquiries
What key information will Local searches (CON290/CON29/LLC1) not reveal?
Information on neighbouring/adjoining properties.
- ie. proposals for change of use/construction works (may affect enjoyment of own property!)
What information is specifically disclosed via form CON29 (standard enquiries)?
- planning permission (ie. pending/refused/granted)
- building regulations approval and certificate of past works.
- adoption of roads and footpaths
- public rights of way over the property
- contaminated land notice
- Any enforcement action taken by local authority to date.
Searches and Enquiries
What information is specifically disclosed via form CON29O (optional enquiries)?
Common land and village greens inquiry
Where property is located in rural area, may reveal that land give public rights to use property for specific purpose.
- cannot build on common land, and will affect enjoyment of land.