Pre-contract searches and enquiries

Question 1

Searches relevant to EVERY property:

Answer 1

• survey + personal inspection
• local search
• water + drainage search
• pre-contract enquiries of seller
• environmental searches
• flood search

Question 2

Types of surveys

Answer 2

• valuation (required by lenders)
• “homebuyers’ valuation and survey” (advises on repairs)
• structural survey (inspects structure- more detailed)

Question 3

The 3 local searches

Answer 3

1. local land charges search (financial charges/public authority restrictions)
2. standard enquiries (CON29)(planning permissions, contamination, road repair liability…)
3. other optional enquiries (CON290)

Question 4

Types of environmental searches

Answer 4

• desktop search: information checked to assess risk of contamination
  If risk identified: do a full search

Question 5

Searches/enquiries relevant to SOME properties:

Answer 5

• chancel repairs search
• mining searches
• Canal and River Trust search
• Commons search
• railways
• highways
• company search

Question 6

When is the liability for repairing a local church binding in sales after 2013?

Answer 6

If land is registered: only binding if registered
If land is unregistered: only binding if found in title deeds

Question 7

When to carry out a mining search?

Answer 7

Especially if the transfer contains a mining reservation

Question 8

Where to cary out a mining search?

Answer 8

Coal Authority

Question 9

When to carry out a Canal and River Trust search? What does it reveal?

Answer 9

If the property is next to a river/canal

Reveals if owner liable for maintenance of banks and if flooding occurs

Question 10

When to carry out a Commons search and how?

Answer 10

If the property is near an open space that might be affected by common rights

Raise an optional inquiry using the CON290 form in the local search

Question 11

When to carry out a railways search and how?

Answer 11

If the property is next to a railway (eg. must maintain the boundary?)
Ask the seller (but has no obligation to reveal it)

Question 12

When to carry out a highways search?

Answer 12

If property is next to a road NOT maintainable at public expense: check whether owner has right to use the road, and who’s liable for maintaining it
ALSO check whether the authority plans to adopt the road, as would have to bring it up to adoption standard (plans are revealed in CON29 form)

Question 13

Purpose of carrying out a company search?

Answer 13

If seller is a company, the search of Companies House ensures it has capacity to enter the contract, and whether there are any charges

Question 14

When should an Index Map Search (SIM form) be carried out at the Land Registry?

Answer 14

If the land is unregistered, or there’s a mining reservation in title
It reveals whether registration is pending/if there’s caution against it

Question 15

When should a Land Charges search at Land Charges Department be done?

Answer 15

If land is unregistered

Checks whether there are any encumbrances registered, and hence binding on the buyer