Pre-Contract Searches and Enquiries

Question 1

What information does a local Land Charge provide?

Answer 1

Generally financial in nature or relates to the use of the land - both of which are key considerations for a buyer’s purchase.

Question 2

What is a LLC1 form?

Answer 2

The only form to find out about information on the Local Land Charges Register.

Question 3

How many parts are there in the LLCR and what sort of matters does it reveal?

Answer 3

12 parts to the Local Land Charges Register

Reveal matters such as
• planning permissions that have been granted
• other planning matters such as Enforcement or Stop Notices
• tree preservation orders
• smoke control orders
• financial charges such as road-making charges
• that the area is a Conservation Area

Question 4

What is a safe time period to rely on an LLC1 and why?

Answer 4

Less than 3 months old at the time of completion.

There is no priority period; the search is only meant t be accurate as the date upon which the LLC1 result was issued.

Question 5

What is form CON 29 and where do you get this from

Answer 5

You get this list of standard enquiries from the local authority.

Question 6

What does the form CON 29 deal with?

Answer 6

1. Matters that are not dealt with at all by the LLC1 (e.g. Building Regulations approvals)
2. Matters such as whether there are private or public roads adjacent, or near, to the property in question and whether there are any public rights of way (such as footpaths or bridleways) which abut on, or cross, the property in question.

Question 7

There is some overlap between the LLC1 results and the CON 29 results, but the CON 29 result also shows:

Answer 7

Consents which have been applied for and refused in addition to those granted.

Question 8

What people are being called ‘frontagers’?

Answer 8

When local authority decide to (or be asked to) adopt private roadways and persons whose properties ‘front on to’ (i.e are next to) the roadway may be asked to contribute towards the cost of brining the roadway up to an adoptable standard.

This will be a one-off payment but can be quite expensive.

Question 9

What does it mean to the buyer if a public right of way exist?

Answer 9

The general public have a right to walk (and in the case of a bridleway, to ride horses) across the property on the
route of the right of way.

This public right must not be impeded in any way and
it is in fact a criminal offence to obstruct a public right of way.

Question 10

What’s the implication of a public right of way to a developer?

Answer 10

The existence of a public right of way across a property can severely restrict a developer’s plans for the property if the public right of way crosses the part of the property that it is intended to develop.

Question 11

How do you do a highways search?

Answer 11

Sending a letter to the relevant local authority

Question 12

What is a highway?

Answer 12

A highway is a public road which can be used by anybody and in
most cases both vehicular and pedestrian use would be permitted.

Question 13

Why should you do a Highways Search?

Answer 13

To ensure that the boundary of the property abuts a public highway. The CON 29 only tells you whether there are roads in the vicinity of the property which are maintainable at public expense.

Question 14

What does the Highways Search results include?

Answer 14

A plan showing exactly where the highway ends and private land begins.

Question 15

What should a buyer be aware with public highways

Answer 15

If the buyer is purchasing a property which does not abut

a public highway, it is necessary to ensure that appropriate rights of access are in place.

Question 16

What matters do drainage and water search check?

Answer 16

The search checks matters such as whether foul and surface water from the property drain to a public sewer, and whether the property is connected to a mains water supply.

Question 17

What is the standard form of drainage and water enquiries for residential properties?

Answer 17

CON 29DW (2013)

Question 18

Why are the water and drainage enquiries set out different for commercial properties?

Answer 18

The 10 water service companies have introduced a standard commercial drainage and water search.
Each water service company has its own terms and conditions for the commercial drainage and water search and offers different levels of liability for negligent incorrect replies.

Question 19

What is the usual liability limit for the commercial drainage and water search?

Answer 19

£2 million; compared to only £5,000 for most CON 29DW searches.

Question 20

What is the property owner still responsible for despite ownership of all private sewers and lateral drains are connected to the public sewerage system was transferred to the various statutory sewerage undertakers (e.g. Thames Water)

Answer 20

Responsibility for drains within a property’s boundaries and serving only that property remains with the property owner.

Question 21

What does the ‘Contaminated Land Practice Note’ by the Law Society requires solicitors to consider?

Answer 21

To consider whether land contamination is an issue in all conveyancing transactions.

Question 22

Why do solicitors need to consider whether land contamination is an issue in a conveyancing transaction?

Answer 22

An owner may be liable for the costs of cleaning up contaminated land, even if they were not responsible for the contamination.

Question 23

What does the standard set of pre-contract enquiries known as?

Answer 23

CPSE.1
Commercial Property Standard Enquiries
This is generally used by the buyer’s solicitor in commercial property transactions.

Question 24

What information may the CPSE reveal?

Answer 24

Unregistered third party interests may affect the property which will not be revealed by the official copies, and such enquiries may flush out this information.

Question 25

What does a valuation report do?

Answer 25

1. Ensure that the value of the property is accurate and that the value will cover the amount of the loan.
2. The valuer will not normally consider the structure or condition of the property

Question 26

What implication does it have on the valuation report if the valuer is instructed by the lender?

Answer 26

Owes no duty to the buyer.

Question 27

What implication does it have on the valuation report if the valuer is instructed by the buyer?

Answer 27

The valuation report will offer no guarantee as to the adequacy of the property for the buyer’s needs, or that the condition of the property is satisfactory

Question 28

What is a homebuyer’s survey?

Answer 28

Undertaken in residential property transactions by a surveyor, and more detailed than a valuation report.

It will incorporate a valuation and also an indication of the condition of the property and the likely costs of repairing any defects.

Question 29

Who normally arranges a homebuyer’s survey?

Answer 29

A lender will arrange for the residential property and its valuer to carry out the survey on payment of an additional fee by the buyer.

Question 30

What’s a full structural survey?

Answer 30

The most thorough, but most expensive. It gives detailed examination of the condition of the property and is essential for old buildings.

Question 31

What is a OS1 search?

Answer 31

A search giving the person making the search priority to register their interest at the Land Registry before anyone else does.

Question 32

What does the SIM reveal?

Answer 32

The search of the index map will reveal

1. whether any third party titles (such as registered leasehold titles) are registered against the title to the property.
2. the owner of the neighbouring land
3. if the land searched against is registered or unregistered
4. The registered title number

Question 33

When unregistered land is to be bought, the index map search is essential to check whether or not:

Answer 33

1. any part of the title has already been registered (it should not have been) or an application has been made to register it or any part of it
2. there is a caution against first registration (entered by anyone claiming some interest in the land) or an application to register a caution against first registration.

Question 34

Depending on the location, what should you check through an Optional Enquiry 22 on Form CON29O?

Answer 34

If the property is in an area which may be affected by a right of common
E.g is in or near an area of open countryside, or is in a non-built-up urban area, or is a newly built property in a previously non-built-up area.

Question 35

What are rights in common?

Answer 35

These include a right of grazing (feeding livestock) or public rights of access which might interfere significantly with the buyer’s use of the property.
You cannot build on Common Land.

Question 36

What should you confirm in a company search if the seller is a company?

Answer 36

1. confirm the company’s registered number
2. check the current name
3. check that the company is solvent
4. Give details of any fixed charges over the company assets (including its properties)

Question 37

When should you do a CON 29M search?

Answer 37

A coal mining and brine search will be required if the property is located in an area that is affected by coal mining or that is within a brine subsidence claim area.

You will get a plan of the property and the fee.

Question 38

How do you establish if a coal and brine search is necessary?

Answer 38

Entering the postcode of the property being acquired into the Coal Authority’s online property search service.

This gives an indication as to whether the property is or is not located in an area where mining activity may be relevant or where the extraction of brine has affected properties.

Question 39

What are the four points that a waterways search could establish?

Answer 39

1. who has liability for the maintenance of the river bank or canal
2. whether there are any rights of way along the river banks or tow paths
3. whether there are any drainage or fishing rights
4. whether there are any water abstraction licenses in place

Question 40

What are Riparian owners responsible for?

Answer 40

They are normally responsible in full or part for watercourses or culverted watercourses (waterways passing through an underground duct, e.g. under a roadway) passing through their land.

Their primary responsibility is to keep these clear of any obstructions which would impede the normal water flow.

Question 41

How do you check the risk of flooding

Answer 41

The Waterways Search does not provide information about the risk of flooding. That is one of the functions of the Desktop Environmental Search.

Question 42

What other searches should you do for specific location and regional pecularities?

Answer 42

1. Property in Cornwall may be affected by previous tin mining, china clay extraction or radon gas from the large deposits of granite to be found there.
2. a telecoms search is available if telecom poles are located within the boundary of a property.
3. Any other utility searches are required (e.g. gas and electricity)