Pre-contract searches Flashcards
LLC1
“Local land charges search” (MiaT)
Reveals mainly planning-related information.
CON 29
“Enquiries of the Local Authority” (MiaT)
Reveals information on public roads, footpaths, building regulations approvals, traffic schemes, contamination etc. Also gives information about planning permission granted / refused.
Commercial Drainage and Water Search.
(MiaT)
Reveals whether private or public services, if metred etc.
Desktop Environmental Search
(MiaT)
Reveals any contamination from former industrial use, flooding risk etc.
Will highlight if further contamination searches are required.
CPSE’
“Pre-contract Enquiries of Seller” (MiaT)
Reveals extra information known only to seller. Not actually a search as such but dealt with at the same time as the searches and read in conjunction with the search results and documentation.
SIM
“Index Map Search” (made in all commercial transactions and unreg transactions)
Reveals any other title numbers registered against the property. Permits confirmation of boundaries. Neighbouring land can also be searched to find out whether it’s registered.
Highways Search
(MiaT)
Reveals with boundary line between private land and public highway. Buyer’s solicitor carries out this search to ensure:
1. land abuts the highway; or
2. any land over which the buyer has a right of way abuts the highway.
Chancel Repair Search
(MiaT)
Reveals liability to contribute to maintenance of a C of E church.
CON 29O
“Optional enquiries of the local authority” (if needed)
Raise relevant optional enquiries, particularly in respect of common land and town or village greens.
Phase I or Phase II Environmental Survey
(If needed)
If Desktop Environmental Search raises concerns, Phase I would require the surveyor to inspect the land, Phase II would require soil samples to be taken.
Company Search
(If needed)
Only carried out if seller is a company - to check company name, number, solvency, any fixed or floating charges.
CON 29M
“Coal Mining and Brine Search” (if needed)
Checks for subsidence risks due to mining.
Waterways Search
(If necessary)
Reveals who has liability for maintenance of banks, whether there are any rights of way along the river banks or tow paths, any drainage rights, fishing rights, water abstraction rights.
Basic utilities searches: e.g. gas, electricity and telecoms
(if requested by client)
reveals if connected to services and identity of providers.
Physical Inspection / Survey
(Buyer) (Recommended in all transactions).
Reveals physical defects, occupiers, boundary disputes etc. (Caveat emptor).