Chapter Three: Pre-Contract Searches and Enquiries

Question 1

Who makes the searches and raises the enquiries?

Answer 1

The buyer’s solicitor is at the heart of the conveyancing transaction to carry out the DUE DILIGENCE process.
They must find out as much information about the property as possible before the buyer enters into a binding contract.

Question 2

What searches are relevant to EVERY property?

Answer 2

a) survey and personal inspection
b) the local search
c) water and drainage search
d) pre-contract enquiries of the seller
e) environmental searches
f) flood search

Question 3

What is a survey and personal inspection?

Answer 3

This should always be strongly recommended.
Lenders usually require a survey of some sort. They will always require a borrower to pay for a valuation.
the inspection will reveal more than is evident from the plan.

Question 4

What is ‘The Local Search’

Answer 4

The local land charges searches- form LLC1 provides details of any financial charges or restrictions on land that have been imposed by public authorities under statute.
The standard enquiries- form CON29 reveal lots of information such as planing permissions or any restrictions.
In addition to standard enquiries, there may be a number of optional enquiries that should be raised depending on the locality of the property. These are raised in a separate CON290 form and cover a range of diverse matters including environmental notices.

Question 5

What is the water and drainage search

Answer 5

Liability for the costs of drains and sewage repairs. This is not a question for the local authority but for the statutory undertaker.
Residential- CON29DW
Commercial CommercialDW

Question 6

What are pre-contract enquiries of the seller?

Answer 6

Questions that the seller is required to answer.
Referred to as a ‘preliminary enquiries’ or ‘pre-contract enquiries’

Question 7

What are environmental searches?

Answer 7

With the impact of the Environmental Protection Act 1990, there has been a heightened awareness of the potential cost of cleaning up sites that are contaminated.

Question 8

What is a flood search?

Answer 8

Indicated where the property is located close to a river or the coast.
Insurance for flooding is available for most residential properties thanks to a government backed reinsurance scheme known as ‘Flood Re’, but this does not cover commercial properties.
Some information is available online- the environmental agency offer a free screening search for river, coastal, surface water and reservoir flooding.
The Land Registry website have a river and coastal flood risk indicator.

Question 9

What are some searches and enquiries for particular properties and transactions?

Answer 9

a) chancel repairs search
b) mining searches
c) canal & river trust search
d) commons search
e) railways
f) highways
g) unregistered land searches
h) company search
i) bankruptcy/ insolvency search

Question 10

What is the chancel repairs search?

Answer 10

The search is done by commercial provider, to identify potential liability to pay for repairs to the chancel of a Church of England Parish Church.
This is particularly relevant when the property is unregistered or where there has been no disposal for value of registered land since 13 October 13.

Question 11

What are the coal mining searches

Answer 11

The form CON29M used and sent to the Coal Authority, to establish whether the property is in a coal mining area and whether there has been a claim for subsidence.
Used for properties in a coal mining area and/ or with a mines and mineral reservation in the title.

Question 12

What is the Commons search?

Answer 12

Forms Con290, enquire 22 used and sent to the local authority, to check that the property is not protected as common land or a town and village green.
Indicated where the property is adjacent to open land.

Question 13

What is the railways search?

Answer 13

To be discussed with the Network Rail, to establish liability for boundary maintenance and/ or restrictions on use. There is no general search available, owner can raise a specific proposal with Network Rail where a property adjoins a railway line.

Question 14

What is the highways search?

Answer 14

Discussed with the local highway authority, to establish whether verges and pavements are publicly maintainable.
Indicated where there appears to be land in private ownership separating the property from the highway.

Question 15

What is the Index Map search?

Answer 15

Form used? SIM, sent to the Land Registry, to see if the land is already registered, or if registration is pending, or of there is a caution against first registration.
Indicated where the property appears to be unregistered land or where there is a mines and minerals reservation in the title.

Question 16

What is the Land Charges Search?

Answer 16

Form K15 used and sent to the Land Charges Department in Plymouth, to see if certain types of incumbrance have been protected by registration against the relevant estate owner so as to be binding on the buyer.
Indicated where the property is unregistered land

Question 17

What is a company search?

Answer 17

There is an online application to be sent to Companies House, to check capacity, signatories and charges.
Indicated where the seller is a company.

Question 18

What is the bankruptcy/ insolvency search?

Answer 18

Individuals use form K16 sent to the Land Charges department in Plymouth and companies use Company Search, sent to Companies House.
To check there are no insolvency or bankruptcy proceedings.
Indicated for all transactions when acting for a lender.

Question 19

What is the National Land Information Service (NLIS).

Answer 19

It was developed by government departments in conjunction with the Land Registry, local authorities and other bodies with the declared purpose of providing quicker and easier access to authoritative, accurate and comprehensive information on all land and property in England and Wales

Question 20

What form is needed for a Tree Preservation Order?

Answer 20

Form LLC1

Question 21

can occupier claim a right in aproperty?

Answer 21

In certain circumstances, an occupier may be able to claim an equitable interest or a tenancy in the property.
A non-owning spouse have a protected right under the Family Law Act 1996 and this will be revealed in the title investigationBut, any adult occupier could claim an interest or tenancy so the buyer’s solicitor should ask the seller about occupiers in the pre-contracts stage.

Question 22

What should the seller be required to do if there is an adult occupier?

Answer 22

They should obtain a release from all rights in the property and agreement to vacate the property on or prior to completion.