Pre-contract searches and enquiries

Question 1

what searches should be carried out in all transactions?

Answer 1

1. surveys
2. local land charges search
3. local authority search
4. water and drainage search
5. enquiries with seller

Question 2

what are some types of survey? give an overview of each

Answer 2

o Full structural  advise if alterations planned
o Homebuyers’ valuation and survey  cheaper + basic/essential advice
o Valuation survey  required by lender to determine if property offers adequate security

Question 3

what is a local land charge? Give examples.

Answer 3

Local land charges are financial charges or restrictions on land that have been imposed by public authorities under statute, i.e.:
o Drainage works
o Planning consent conditions
o Tree preservation orders
o CPOs,

Question 4

what does the local authority searches consist of?

Answer 4

Standard enquiries + optional enquires

Question 5

give examples of some standard enquiries in an LA search

Answer 5

planning permission, building regulations, proposals for road schemes, restrictions on development, contamination, repair, enforcement/stop notices

Question 6

give examples of some optional enquiries in an LA search

Answer 6

covers diverse matters i.e. rights over common law, pollution

Question 7

who is the water and drainage search undertaken with?

Answer 7

Search with statutory undertakers

Question 8

what does a water and drainage search uncover?

Answer 8

Reveals if drains/sewers adopted and/or connected to public supply. If not, B responsible which is expensive.

Question 9

what enquiries are raised of the seller? Give examples.

Answer 9

Standard enquiries but can ask additional i.e.: disputes, occupation, covenants, planning permission, boundary maintenance

Question 10

what are the seller’s obligations in relation to enquiries?

Answer 10

they are not obliged to answer (apart from providing title information), but this may frustrate the sale. If they provide information, it must be correct otherwise this may amount to misrepresentation.

Question 11

what enquiries should be carried out only where appropriate?

Answer 11

1. environmental data search
2. flood search
3. chancel repairs search
4. mines and minerals search
5. index map search
6. canal and river trust search
7. commons search
8. railways
9. highways
10. land charges department search
11. company search
12. bankruptcy search

Question 12

what is the most common environmental search? Explain it.

Answer 12

there are different types, but the most common is a desktop search.

this looks at plans or area and info published by LA and environmental agency

Question 13

what must the solicitor do if contamination is uncovered?

Answer 13

If contamination uncovered, advise specialist survey + insurance. Contamination expensive to clear. Negligent if improperly advised.

Question 14

what is the aim of a flood search? Give an overview of the types of flood searches.

Answer 14

Aim: ascertain if property can be insured at normal rate

• Free and not property specific or property specific for a fee

Question 15

what insurance is available for certain types of property? which types of property?

Answer 15

Government-back flood insurance ‘Flood Re’ is available for residential properties but not commercial properties (inc. buy-to-let)

Question 16

what is chancel repair liability?

Answer 16

legal obligation for some landowners in Church of England Parishes to contribute to the cost of chancel repairs.

Question 17

when will a property be liable to pay for chancel repairs?

Answer 17

It lost overriding interest status in 2013. Now a property is only liable where:
o Reg land = purchaser for value after 13 October 2013 takes land free of liability unless protected by notice in the register
o Unreg land = in title deeds or protected by caution against 1st registration

Question 18

if there is a concern the property might be liable to chancel repair, what are the options?

Answer 18

Could undertake search and/or advise insurance

Question 19

what are the mines and minerals and the locations in which they are present?

Answer 19

• Mining  undertaken with Coal Authority if property in mining area
• Tin & clay  Cornwall, Devon, Somerset or Dorset
• Limestone  West Midlands
• Brine & salt  Cheshire

Question 20

if the property is in a mine/mineral area, what should the solicitor advise?

Answer 20

Advise surveyor check for subsidence + Index Map Search

Question 20

when is an index map search carried out?

Answer 20

Undertaken where:
o Property unregistered
o Property may comprise of more than one registered title
o Where mines and minerals could be registered under different title

Question 21

when is a canal and river trust search carried out?

Answer 21

when the property is adjacent to a river/canal

Question 22

what is the purpose of a canal and river trust search?

Answer 22

Checking if B responsible for repairs to waterway, bank, path etc

Question 23

when is a commons search undertaken?

Answer 23

where the property is near a green field site or village green

Question 24

why is a commons search undertaken?

Answer 24

the land might be affected by common rights e.g. right to pasture (i.e. livestock on field)

Question 25

when is a railway search undertaken?

Answer 25

if the property is adjacent to a railway

Question 26

what is the purpose of a railway search?

Answer 26

to check whether there are any obligations to maintain boundary or any restrictions.

Question 27

how is a railway search undertaken?

Answer 27

Network Rail won’t respond. B solicitor must: o Search proposed railway plans (Optional LA search might uncover) o Enquire with seller

Question 28

when is an enquiry with the highways authority raised?

Answer 28

Undertaken where there are queries about ownership of verges, pavements, forecourts.

Question 29

when is a land charges department search undertaken?

Answer 29

it is always undertaken in relation to unregistered land

Question 30

what does raising an enquiry with the highways authority involve?

Answer 30

Send map to highway authority and ask them to confirm maintainable highway

Question 31

how is a land charges department search undertaken?

Answer 31

Undertaken against name of S and previous owners citing their years (not specific days) of ownership (if not possible then up to 1926)

Question 32

what will a land charges department search uncover? Why is this significant?

Answer 32

it will show any registered interests. This is significant because some interests are only protected if they are registered

Question 33

what interests must be registered to be protected in relation to unregistered land? what type of charge are they registered as?

Answer 33

o C(iv)  estate contract o D(ii)  restrictive covenant o D(iii)  equitable easement o F  home right

Question 34

when is a company search carried out?

Answer 34

if the seller is a company

Question 35

what will a company search reveal?

Answer 35

Confirms company exists/not in liquidation + fixed/floating charges.

Question 36

when will a bankruptcy search be undertaken?

Answer 36

Buyer might want to do. Lender will always want to do search.

Question 37

how is a bankruptcy search undertaken?

Answer 37

o Searching individual = Land Charges Department o Searching company = Companies House