2. Pre-contract searches

Question 1

Compulsory searches

Answer 1

1. Local Land Charges Search (LLC1)
2. CON 29
3. CPSE
4. Highways Search
5. DES
6. Commercial Water and Drainage search
7. Chancel Repair Search
8. SIM

Question 2

Non-compulsory searches

Answer 2

1. CON 29O
2. Phase I + II Environmental Survey
3. Company Search
4. CON 29M
5. Waterways Search
6. Basic Utilities Searches

Question 3

Further investigations B makes on his own behalf

Answer 3

ONE - STRUCTURAL SURVEY

• valuation report, or
• homebuyer’s survey, or
• full structural survey

TWO - PHYSICAL INSPECTION

• signs of occupation
• patent/obvious 3P interests

Question 4

LLC1

Answer 4

Reveals:

• Planning related info
• PP
• Enforcement/stop notices
• conservation area?
• listed building status

IF BREACH NOT RECTIFIED - IT WILL BE B’S PROBLEM

Question 5

CON 29

Answer 5

Reveals:

• public and private roads
• public footpath?
• adoption?
• PP applied for and refused
• BR

ENSURES B KNOWS PLANNING HISTORY AND GENERAL INFORMATION about the area

Question 6

CPSE

Answer 6

Reveals:

• information known only to the seller
• info about unregistered 3P interests affecting the property?
• covenants breached?

BUYER AND AGENT WILL WANT TO KNOW WHAT MIGHT IMPACT B’S PLANS FOR THE PROPERTY

Question 7

William Sindall v Cambridgeshire County

Answer 7

S should be mindful of replying ‘not so far as the seller is aware’

Question 8

Gordon v Selico

Answer 8

S cannot deliberatly mislead the buyer (e.g. conceal physical defects or answer enquiries dishonestly)

Question 9

Highways search

Answer 9

Reveals:

• boundary line between private land and public highway
• ensures land abuts highway
• land over which b has a right of way abuts the highway

B NEEDS TO BE ABLE TO ACCESS HIGHWAY TO USE PROPERTY PROPERLY

(if no abut - make sure appropiate rights of access are in palce)

Question 10

DES

Answer 10

Reveals:

• contaminative use
• flooding and subsiding

OWNER CAN BE LIABLE FOR COST OF CLEANING UP CONTAMINATED LAND even if they are not responsible for contamination

Question 11

COMMERCIAL WATER AND DRAINAGE SEARCH

Answer 11

Reveals:

• whether foul and surface water drains to public sewer
• whether proeprty is connected to mains water supply

B WILL KNOW WHETHER LAND IS connected TO MAINS WATER AND DRAINAGE

Question 12

Chancel Repair Search

Answer 12

Reveals:
- liability to contribute to maintenance of a Church of England church

LIABILITY CAN BE VERY EXPENSIVE

Question 13

SIM search

Answer 13

reveals:

• any other title numbers registered against the property
• ascertain owner of neighbouring land
• reveals if land is reg or unreg
• confirm boundaries of title

BE CLEAR ABOUT THE BOUNDARIES OF THE LAND IF LAND IS REGISTERED

Question 14

CON 29O

Answer 14

reveals:

• Town or village greens
• common land

Question 15

Ladenbau G&K v Crawley & de Reya

Answer 15

solicitor negligent if fail to make search of Common Land Register if location of property indicated it should have been done

Question 16

Phase I and Phase II Environmental Survey

Answer 16

if DES raises concerns

• Phase I search - incl. desktop study and site visit
• Phase II - very expensive, incl. taking and testing soil and water samples

Question 17

Company search

Answer 17

do this if S is a company

• solvency
• able to sell?
• fixed and floating charges over company assets (imp. if unreg land)
• current name

CHECK COMPANY IS ACTUALLY AUTHORISED TO SELL

Question 18

Con 29M

Answer 18

Reveals:

• affected by subsidence?
• where mining has taken place?
• compensation paid?

CAN BE EXPENSIVE TO DEAL WITH LATER

Question 19

waterways search

Answer 19

reveals:

• liability for maintenance of river bank/canal
• rights of way
• fishing rights

If Canal & river trust responsible - B is not

If B responsible - he is riparian owner (responsible for watercourse forming boundary of property or running through their property - keep river free from obstructions impeding normal water flow)

Question 20

basic utilities search

Answer 20

dependent on client instructions - reveals if connected to serviecs and identity of providers

GIVES PRACTICAL INFO TO B - set up accounts for utilities

Question 21

Structural survey - whose responsibile

Answer 21

B’s solicitor - check B has done this

• B instructs surveyor
• B considers findings and decides how to proceed
• no remedy if property inadequate

Question 22

Structural survey - types

Answer 22

ONE - valuation report
TWO - homebuyer’s survey
THREE- full structural survey

Question 23

valuation report

Answer 23

• basic
• made by valuer on behalf of lender
• won’t normally consider structure/condition of property
• no duty to B
• even if instructed by B, report offers no guarantee as to adequacy of the property

Question 24

homebuyer’s survey

Answer 24

• undertaken in residential property transaction
• more detailed than valuation report
• lender arranges valuer to do this on payment of additional fee by B
• surveyor incorporates valuation and indication of condition of property and costs of repairing defects

Question 25

full structural

Answer 25

thorough and expensive - detailed examination of condition of property - essential for old buildings

Question 26

planning permission - what can LPA consider?

Answer 26

- effect of development on road safety - potential of development to cause disturbance - impact of proposed development on character of its surroundings - loss of light or over-shadowing if loss is above

Question 27

planning permission - what can't LPA consider?

Answer 27

- fear of loss of prop. value - loss of view - private rights of way - objections based on personal interests/rights

Question 28

PAST WORKS - if S didn't get permission

Answer 28

check if PP needed If yes: - check if in enforcement period - ask S to correct irregularities

Question 29

PAST WORKS - if S got permission

Answer 29

check planning documentation prior to exchange of contracts | - check conditions complied with

Question 30

PP - generic exam structure

Answer 30

1. is PP required? Is it development (s.55, 57) 2. is it a permitted development (GDPO) 3. is GDPO disapplied under art.4? 4. within enforcement period?

Question 31

FUTURE WORKS - what to do?

Answer 31

1. check current use class - will it be a material change of use 2. will change of use be accompanied by proposed building works? (if yes = go through PP exam structure)

Question 32

"outline PP"

Answer 32

FOR FUTURE WORKS - can submit application for 'outline' PP to ascertain whether LPA is likely to approve client's proposals in principle - make further application for approval of 'reserved matters' set out in outline - submit detailed application for approval of reserved matters within 3 years of grant

Question 33

LISTED BUILDINGS

Answer 33

alterations for listed buildings require LBC (internal and extrenal) rectification works can be required by subsequent owners at cost of that owner

Question 34

conservation areas

Answer 34

- stricter planning controls | - art.4 Direction - GDPO doesn't apply in certain ways

Question 35

Building regulations

Answer 35

1. submit plans or serve notice before works commence to Building Control Service 2. Building works must commence within 3 years of Building Regulations Approcal 3. after satisfactory completion of works, local authority will inspect and issue certificate of compliance with BR

Question 36

if not got BR at the time

Answer 36

get s to get Regularisation Certificate from Local Authority before completion

Question 37

people that can be liable for contaminated land

Answer 37

Class A - person who caused it (original polluter OR person buying with knowledge and doesn't remedy) Class B - person who owns or occupies for time being

Question 38

Enforcement period - Building works without PP

Answer 38

4 yrs after substantial completion

Question 39

Enforcement period - change of use to single dwelling house without PP

Answer 39

4 yrs from change of use

Question 40

Enforcement period - change of use without PP

Answer 40

10 yrs from change of use

Question 41

Enforcement period - breach of a condition attached to PP

Answer 41

10 yrs from date of breach (conditions are on-going, just because PP granted 10yrs ago doesnt mean no breach)

Question 42

Enforcement period - if concealment of development

Answer 42

no time restraint

Question 43

Enforcement period - LB without LBC

Answer 43

no time limit

Question 44

Enforcement period - building works without BRA

Answer 44

effectively no time limit (s.36(6) BA 1984 - can apply to court for injunction at any time)

Question 45

Exam structure for building works

Answer 45

1. building work (dates too) 2. list all possible consents needed 3. obtained? 4. where in LLC1/CON29 did u find this 5. if not obtained, problem? further action required?

Question 46

exam structure for change of use

Answer 46

1. change of use (classes and dates) 2. change require PP? 3. Obtained? 4. where in LLC1/CON29 did u find this 5. if not obtained, problem? further action required?