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prop > 2. Pre-contract searches > Flashcards

2. Pre-contract searches Flashcards

1
Q

Compulsory searches

A
  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
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2
Q

Non-compulsory searches

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

Further investigations B makes on his own behalf

A

ONE - STRUCTURAL SURVEY

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

TWO - PHYSICAL INSPECTION

  • signs of occupation
  • patent/obvious 3P interests
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4
Q

LLC1

A

Reveals:

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

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

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5
Q

CON 29

A

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

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6
Q

CPSE

A

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

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7
Q

William Sindall v Cambridgeshire County

A

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

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8
Q

Gordon v Selico

A

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

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9
Q

Highways search

A

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)

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10
Q

DES

A

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

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11
Q

COMMERCIAL WATER AND DRAINAGE SEARCH

A

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

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12
Q

Chancel Repair Search

A

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

LIABILITY CAN BE VERY EXPENSIVE

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13
Q

SIM search

A

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

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14
Q

CON 29O

A

reveals:

  • Town or village greens
  • common land
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15
Q

Ladenbau G&K v Crawley & de Reya

A

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

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16
Q

Phase I and Phase II Environmental Survey

A

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
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17
Q

Company search

A

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

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18
Q

Con 29M

A

Reveals:

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

CAN BE EXPENSIVE TO DEAL WITH LATER

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19
Q

waterways search

A

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)

20
Q

basic utilities search

A

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

GIVES PRACTICAL INFO TO B - set up accounts for utilities

21
Q

Structural survey - whose responsibile

A

B’s solicitor - check B has done this

  • B instructs surveyor
  • B considers findings and decides how to proceed
  • no remedy if property inadequate
22
Q

Structural survey - types

A

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

23
Q

valuation report

A
  • 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
24
Q

homebuyer’s survey

A
  • 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
25
Q

full structural

A

thorough and expensive

  • detailed examination of condition of property
  • essential for old buildings
26
Q

planning permission - what can LPA consider?

A
  • 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
27
Q

planning permission - what can’t LPA consider?

A
  • fear of loss of prop. value
  • loss of view
  • private rights of way
  • objections based on personal interests/rights
28
Q

PAST WORKS - if S didn’t get permission

A

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

29
Q

PAST WORKS - if S got permission

A

check planning documentation prior to exchange of contracts

- check conditions complied with

30
Q

PP - generic exam structure

A
  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?
31
Q

FUTURE WORKS - what to do?

A
  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)
32
Q

“outline PP”

A

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
33
Q

LISTED BUILDINGS

A

alterations for listed buildings require LBC

(internal and extrenal)

rectification works can be required by subsequent owners at cost of that owner

34
Q

conservation areas

A
  • stricter planning controls

- art.4 Direction - GDPO doesn’t apply in certain ways

35
Q

Building regulations

A
  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
36
Q

if not got BR at the time

A

get s to get Regularisation Certificate from Local Authority before completion

37
Q

people that can be liable for contaminated land

A

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

38
Q

Enforcement period - Building works without PP

A

4 yrs after substantial completion

39
Q

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

A

4 yrs from change of use

40
Q

Enforcement period - change of use without PP

A

10 yrs from change of use

41
Q

Enforcement period - breach of a condition attached to PP

A

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

42
Q

Enforcement period - if concealment of development

A

no time restraint

43
Q

Enforcement period - LB without LBC

A

no time limit

44
Q

Enforcement period - building works without BRA

A

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

45
Q

Exam structure for building works

A
  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?
46
Q

exam structure for change of use

A
  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?

prop (12 decks)

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