Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Property Review > Pre-Contract Searches and Enquiries > Flashcards

Pre-Contract Searches and Enquiries Flashcards

1
Q

What is a report on title?

A

A solicitor reports to client on investigation of title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does report on title identify?

A

Material facts in respect of property
Issues and implications
Solutions available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the typical contents page of a report on title?

A

Interpretation
Scope of the review and limitation of liability
Executive summary
Purchase price and other contract terms
The Property
Matters benefiting the Property
Matters burdening the Property
Search results
Replies to enquiries
Planning and building regulations
Insurance
SDLT
Conclusion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What should the limitation on liability include?

A

Not the solicitor’s fault if report does not identify an issue that should have been revealed in a search but wasn’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the solicitor required to do on report on title?

A

Ensure client made aware of all information material to matter which they have knowledge
Give clients information in a way that they can understand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When might seller’s solicitor carry out searches?

A

Property Practice
Searches and Enquiries
If dividing land in plots to different buyers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When might lender’s solicitor carry out searches?

A

Particularly for a remortgage with no associated purchase

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the standard searches?

A

Local search
Con29 – enquiries of local authority
LLC1 – local land charges
Drainage and water
Desktop environmental
Chancel repair liability
Land charges search (unregistered)
Search of index map (unregistered or registered land subject to mineral rights)
Companies search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the optional searches?

A

CON29O (including commons registration search)
Highways search
Coal mining search
Cheshire salt
Tin, clay and limestone
Phase I / Phase II survey
Flood search
Utility providers
Railways – overground, underground, crossrail or HS2
Waterways

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q
A

An online portal between solicitors and various institutions in which searches can be made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the local search?

A

Covers all matters in knowledge of local authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are specific local searches?

A

Standard enquiries of local authority
Optional enquiries
Local Land Charges Search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Form CON29?

A

Standard enquiries of local authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is form CON29O?

A

Only ticked in specific circumstances, such as commons search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Local Land Charges Search (LLC1)?

A

A register of local land charges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What will CON29 reveal?

A

Planning permission / refusal / completion
Building regulations
Roads and public rights of way
Environmental notices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are examples of CON29O enquiries?

A

Road proposals by private bodies
Areas of outstanding natural beauty and national parks
Pipelines
Noise abatement zones
Common land and TVG

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is revealed in Local Land Charges?

A

Planning permissions
Planning enforcement / stop notice
Article 4 directions
Tree preservation orders
Smoke control orders
Financial charges such as road-making charges
Conservation areas
Listed building status

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a desktop environmental search?

A

Will indicate if property is potentially contaminated / potential of local industrial works / likelihood of flooding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Why is desktop environmental search relevant?

A

Because owner will be liable for contaminated land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is chancel repair search?

A

Responsibility to fix church

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a Highways search and when is it needed?

A

For more commercial properties or if doubt of access to the road

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are standard enquiries?

A

Standard forms in pre-contract enquiries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are standard enquiries for commercial property?

A

Commercial Property Standard Enquiries (CPSE1)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What are standard forms for residential property?
Property information form (TA6) – boundaries, alterations, work done, neighbour disputes, occupiers, utility Fittings and contents form (TA10) – what’s included and what is not - curtains, light fittings, carpets
26
What searches are relevant to title / seller?
Index Map Search (SIM) MapSearch Central Land Charge Search (Form K15)
27
When is the local search carried out?
In every transaction – the most important search
28
What is the ‘local search’?
A combination of: Local Land Charges Search (LLC1) Enquiries of local authority (CON29) Optional enquiries of local authority (CON29O)
29
What is the Local Land Charges Search?
Request for search of register of local land charges Planning information about property
30
What is sent for Local Land Charges Search?
LLC1 form and relevant fee
31
How many parts to LLC1?
12 parts
32
What will the LLC1 show?
Planning permissions Conservation area TVO Smoke Control order Listed building
33
What is a conservation area?
To preserve and enhance area’s character and appearance if designated with special historic or architectural significance
34
What could you do if building works were done but no planning was granted?
Ask the seller to apply for retrospective planning permission
35
What does CON29 show?
Planning permission granted / refused / applied for Building regulations Completion certificates Notices served under planning legislation Contaminated land notices Roads and public rights of way
36
What does CON29O show?
Road proposals by private bodies Common land/village green
37
Why do a Highway Search if CON29 tells you about highway?
Because Highways search tells you about the exact boundaries
38
What happens if enquiry about common land and town or village green comes back as yes?
Other people will have right to that property!
39
What are use classes divided by?
Subdivided by letter or number
40
Is C3 to C1 a change of use class?
Yes
41
Is C3 to B2 a change of use class?
Yes
42
What are the original classes?
A1 (shops), A2 (financial and professional services), A3 (food and drink), B1 (business), B2 (general industrial), C1 (hotels), C3 (dwellinghouses), D1 (non-residential institutions)
43
What is the class for commercial, business and service?
E
44
What is sui generis use class?
Not a use class – it is miscellaneous
45
What falls under sui generis?
Theatres Amusement arcades Launderettes Fuel stations Pubs and nightclubs Takeaways where food mostly consumed off property Concert halls
46
What is an Article 4 direction?
A direction where Permitted Development can be excluded or amended
47
What types of property is planning more restricted on?
Listed buildings and conservation areas
48
What are Grade I listed?
Exceptional interest – e.g. Tower Bridge
49
What are the effects of being in a conservation area?
Permitted development restricted Planning permission needed to demolish unlisted building in England In Wales, conservation area consent needed to demolish Consent needed to cut back or cut down trees
50
What enforcement options does local authority have for breach of planning?
1. Enforcement notice 2. Stop notice 3. Breach of condition notice 4. Injunction
51
What is an enforcement notice? How long is the notice valid?
Land must be restored to condition before or comply with conditions within 28 days – after which land owner may be fined and Local Authority can enter
52
What is a stop notice?
Requires specified activity to stop immediately
53
Can a local authority prohibit use of a dwelling house or other activity?
Not if it has been carried out for more than four years
54
What are the enforcement time limits for local authority before 25 April 2024?
4 years a. Building works (starting from when they were substantially completed) b. Change of use to dwelling house 10 years a. Other changes of use b. Breach of planning condition
55
What are the enforcement time limits for local authority on or after 25 April 2024?
10 years for all planning breaches
56
What can the Local Authority do for enforcement outside time limits if breach was deliberately concealed?
If breach was deliberately concealed, local authority can apply for Magistrates’ court for a planning enforcement order
57
Yes
58
What are enforcement options for breach of building regulations?
- Prosecution - Enforcement notice - Injunction
59
Tell me about prosecution for breach of Building Regulations
- Builder can be prosecuted for breach in Magistrates’ Court - Unlimited fines may be imposed - Prosecution can take place in unlimited time
60
When can enforcement service be served? Once served, what is time limit?
- Local authority has ten years after completion to serve enforcement notice - Landowner has 28 days to alter or remove work
61
Tell me about injunction for breach of Building Regulations
If work is unsafe, no time limit
62
What is the form of pre-contract enquiries for commercial?
Commercial Property Standard Enquiries
63
What is the form of pre-contract enquiries for residential?
Law Society Conveyancing Protocol
64
What does CPSE1 cover?
- Boundaries - Right benefiting / burdening - Access to property - Physical condition - Contents - Utilities and services - Planning and building regulations - Occupiers and employees - Notices and disputes - Value added Tax
65
What does CPSE2 apply to?
Where property is subject to commercial tenancies
66
What does CPSE3 apply to?
On the grant of a new lease
67
In residential transactions, what additional enquiries can the buyers raise?
Only enquiries that clarify issues arising out of any documents provided
68
In commercial transactions, what additional enquiries can the buyers raise?
Any enquiries that they wish
69
What is the Law Society Conveyancing Protocol?
Sets out steps when acting in sale or purchase of home
70
Which transactions does the Law Society Conveyancing Protocol apply to?
Residential homes, other than new build homes
71
Is the Protocol voluntary?
Yes, although Solicitors who are members of the Law Society’s Conveyancing Quality Scheme, have to adopt the Protocol
72
When could a Solicitor breach the Protocol?
- Use non-Protocol standard enquiries indiscriminately - Raise enquiries that seek seller’s opinion rather than fact
73
Can seller solicitor deal with enquiries that do not comply with Protocol?
They do not have to
74
Can be removed from membership of Conveyancing Quality Scheme
75
Which list of conveyancing items do Solicitor’s agree to adopt through Protocol?
- Standard conditions of sale (incorporated into contract) - Property forms - Formulae for exchange - Code for completion by post

Property Review (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions