Pre-Contract Searches Flashcards
Purpose of a survey
Make sure home is adequate security for a loan
Homebuyers and valuation survey?
- less detailed than structural survey
- structural integrity of house + good security
Local Search
- LLC1: local land charges
- CON29: standard enquiries
- CON290: optional enquiries
LLC1 Search?
history of planning + financial charges
* * tree preservation orders
* planning consent
* property is in conservation area
* smoke control orders
CON29 Search
- Article 4 Direction
- Planning permission
- Road repair liability
- contaminated land
- enforcement + stop notice
Compulsory searches?
- homebuyers suvey
- local searches and enquiries
- flood search
- desktop search
- water and drainage search
- pre-contract enquiries
Water and drainage search?
drains into public sewer - LA maintain
private sewer - buyer maintains
cannot build on sewers
Commons search?
Next to open field - any 3rd party rights that can affect intended use of land?
Canal River and Trust Search?
Next to river - any history or risk of flooding? liability to repair boundary? insurance covered by flood re if residential
Chancery Repair Search?
Do anyway
not sold since 2013 - automatically liable to repair local church
sold since 2013 - title deed/charges register
Bankruptcy search?
Any history of bankruptcy proceedings brought against them?
Company search?
Seller is a company
* Exists
* history of fixed or floating charges
* capacity to enter into contract?
Coal and Mining search?
Next to minefield
* signs of subsidence?
* mining area + insurance needed
* mines and minerals exceptions?
Railways search?
- Maintenance of boundary liability?
- restrictions on alterations near boundary?
Write to Highway Authority?
property bordes road - dont need easement to cross
Maintenance of boundary liability?
SIM Index Map Search
Unregistered Land
* was land already registered? should it have been?
* cautions or notices?
K15 Land Charges Search
- Financial charges (e.g., legal mortgages)
- Restrictive covenants
- Estate contracts (agreements to sell/lease the land)
- Injunctions or orders
- Matrimonial home rights
- Bankruptcy orders
Flood search?
Risk of flood + how to mitigate
residential property covered by Flood Re
insurance at standard rate?
Environment Search?
- Risk of contamination = soil sample
- contamination = liable to clean up unless insurance
- no contamination - how to avoid it
P
Precontract enquiries?
Any boundary disputes?
did seller maintain?
Vat status?
3rd party rights?
