Freehold conveyancing process – (2) Buyer’s pre-contract searches and enquiries Flashcards
What is the purpose of the Local Search?
To identify local land charges, planning restrictions, tree preservation orders, and who is responsible for the upkeep of the road. It has two parts: (a) Search of Local Land Charges Register and (b) optional enquiries.
What does the optional Commons Registration Search reveal?
Whether the property abuts or is adjacent to a village green or common land, which is land designated for public use. Important for buyers due to restrictions on usage.
What is the aim of the Water and Drainage Search?
To establish whether the property is connected to the public water supply.
Why is an Environmental Search important?
To determine if the land is contaminated, which may impose cleanup obligations on the buyer.
What is the Search Index Map used for?
To reveal whether a title is fully or partially registered, particularly if the title is unregistered.
What does a Bankruptcy Search check?
It checks the buyer’s full name to ensure they will be able to obtain a mortgage.
What is the purpose of a Coal Mining Search?
To identify whether coal mining has taken place locally or formerly, which may affect the property.
When is a Company Search necessary?
If the seller is a company, to ensure the buyer is aware of any company-related issues.
Why is it important for the buyer to re-visit the property?
To look for any problems such as evidence of rights of way, any occupiers, and to check the physical condition of the property. If commercial, the buyer’s solicitor will send the seller a copy of the Commercial Property Standard Enquiries.
