Pre-contract Searches And Enquires Flashcards
Who makes the searches and enquiries pre-contract?
Buyers solicitor. Due diligence process.
What happens if the buyers solicitor does not do the searches right?
Negligence claim from buyer if buyer should suffer a loss
What are the searches and enquiries that are relevant to EVERY PRPERTY?
Survey and personal inspection
Local search
Water and drainage search
Pre-contract enquiries of seller
Environmental searches
Flood search
Why is a survey and personal inspection a necessary search?
Strongly recommended. If the buyer is relying on mortgage, the lender will require a survey of some kind.
Personal insepction is advisable, as it reveals more that is on the plan.
What form is the local land search?
LLC1 and COP29 for council
What does the local search show?
Search and standard enquiries of local authority should be raised in. EVERY property.
LLC1 shows details of any financial charges or restrictions ont he land, that have been placed by LOCAL AUTHORITIES - such as planning consents, tree preservation orders, conservation areas
COP29, standard enquiries, reveals information of planning permission and restrictions on permitted development, contaminated land etc. also for road repair
What is a CON29O form and when is it needed?
Optional enquiries that ought to be raised, depending on LOCALIT of the property
Diverse matters- environmental and pollution notices, rights over common land.
Why is a water and drainage search required?
Liability for cost of drain and sewage repairs is a major concern.
This is NOT local airport.
COP29DW.
Main purpose is to establish if the drains and sewers serving the property are “adopted” and therefore the responsibility of the statutory undertaker, rather than the owner of the property
Will show if property is connected to public se for both foul and surface water drainage, and if connected to public water supply.
What is the form needed for drainage searches?
CON29DW
Why are environmental searches needed?
With EPA1990, awareness of potential cost of cleaning up sites that are contaminated.
Therefore, should be carried out, as solicitor could be found negligence.
Both COP29 and CON2O optional searches contain questions relating to these, however it is NOT sufficient enough to identify environmental risks.
How is an environmental search carried out?
Desktop search - carried out by a specialist environmental search compan.
Why is a food search awlways needed for a property?
If close to a river or coast. However, ist damage is caused by surface water flooding, which can occur anywhere.
Insruance for flooding is available (Flood Re), but commercial are not covered by this.
When will a Chancel Repair search be required?
Chancel repair liability lost its overriding status in 2013, but continues to bind a buyer if the previous transfer for value occurred PRIOR to that date.
In unregistered land, buyer will ONLY be bond if referred to in title deeds and a caution against first registration.
Even if there are no obvious COfE church nearby, some firms carry it out on al, just in case.
When are mining seraches required?
Not always clear from surface if there is coal mining, therefore makes sense to carry out a coal mining search of every property in a COAL MINING AREA.
CON29M
Ensures protection against subsidence, existence fo underground workings etc.
What is the form for mining searches?
CON29M
When is a canal and river trust search needed?
If property is adjacent to a river or Cana, buyer needs to be aware of any liability to maintenance of waterways, banks, tow paths, or if affected by flooding
Where is canal and river searches obtained. From?
Canal and river trust
When is it necessary to do a Commons search?
Properties on green0field sites or adjoining one space, may affect by commmon rights - right to pasture etc.
CON2O form, enquiry 22 in the local search
When may a railways search be required?
A buyer of land adjoining a railway line wil want to know if there is any obligation to maintain the boundary features separating it, or any building restrictions.
Network rail will not answer, so buyers solicitor will need to raise additional pre-contract enquiries with seller.
When may a highways search be necessary?
Enquiry 2 of COP29, provide certain information about roads adjoining property. - BUT verges and pavements are not included.
If there is a ransom stop - title boundary.
Buyerssolicitor can sent a plan to relevant highways authority, asking for boundaries of publicly maintainable highways
What seraches are needed for unregistered land?
Index map search (SIM)
Land charges department search against seller and PREVIOUS estate owners.
When will a company search be necessary t carry out?
Where the SELLER is a company, buyers solicitor shoudl carry out search at companies house, to see if they have the CAPACITY to enter into the contract, confirm teh identify of currnet owners of the company and if there are any fixed or floating charges secured on the property.
Unregistered - should also be carried out against any corporate estate owners revealed in epitome of title
When may bankruptcy/insovlency seraches be needed?
Solicitor acting for a lender should make search against BORROWER, to ensure no bankruptcy or insolvency proceedings affecting them.
Must be made JUST BEFORE completion.
What form is needed for a bankruptcy/insovlency search
K16
What is NLIS
National land information service
Al relevant information in one place, parat of the development of e-conveyancing, to aim to facilitate quick and paperless property transactions.
This is a way of finding all information in one place. It is managed by a separate company, and a firm must REGISTER with one of the providers.
what information is revealed by COP29 in terms of road adoption?
Which of the roads, footways etc are highway.
If the highway is maintainable at public expense
Is it maintained by local authority
What are tree preservation orders? TPOs
Answer to LLC1 result.
Designed to protect tress of amenity value to local communities.
Buyer will need to be told about TPO, criminal offence ot lop or fell a tree subject to it, without planning authority
How do you find out about TPOs
LLC1 local land charge search
What s caveat emptor?
Let the buyer beware. The seller does not have to tell you everything, you need to do the searches yourself
Who makes the searches and realises the enquiries?
Buyers solicitor. Must make judgement and enquire the right searches.
What is included in a local land charges search?
LLC1
Provides details of any fianncial charges or restrictions on the late.
Planning consents
Tree preservation orders
Conservation area designation orders
CON29
Planning permissions, restrictions on permitted development, contaminated land, road repair, etc .
What are the different water and drainage searches?
CON29DW - residential
CommercialDW - commercial properties
What is the issue with chancel repair searches?
They could be liable to pay the cost of repairing the chancel. It could be a LOT of money.
In registered land, chancel repair liability lost its overriding status in 2013, but CONTINUES to bind a buyer, if the previous transfer for value occurred PRIOR to that date.
In unregistered land, buyer will ONLY be bound if the chancel repair liability is referred to in the title deeds, or protected by a CAUTION against first registration.
What are the stats of coalfields in England?
1 in 4 properties sit on a coalfield.
What is the coal mining form?
CON29M
What is the act relating to commons search?
Commons Registration Act 1965. Right to pasture etc. CON29O
Which part of CON29 shows roads BUT NOT highways??
Enquiry 2 replies, will provide information about roads adjoining the property. BUT, they do not show verges or pavements, therefore highways search is needed!
Does planning permission have to be checked as a pre-contract search?
Yes - you need to check if there is planning passion for the construction, unless it was not needed (building dates BEFORE 1946).
Also need to check if there are any planning conditions attached to this permission.
What are the various answers from a LLC1 form?
TPO
Smoke control orders
Conservation areas
