Pre-contract Searches and Enquiries MCQs Flashcards
You act for the buyer of a freehold property. The preliminary information provided by your client indicates the property does not directly abut the public highway but access to the public highway is over a track (the Track) that crosses a neighbouring farm.
Which pre-contract search or enquiry would provide you with a definitive position as to whether the Track abuts the public highway?
Pre-Contract Enquiries (CPSEs)
Physical inspection / site visit
Highways Search
CON 29 Enquiries of Local Authority
Optional enquiries of the Local Authority (CON 29O)
Highways Search
This is correct. The primary reason for carrying out a Highways Search is to ensure that the boundary of the property abuts a public highway. The result of a Highways Search would include a plan, showing exactly where the public highway ends and the Track begins.
The CON 29 tells you whether there are roads in the vicinity of the property which are adopted/public.
Replies to CPSE enquires are given by the seller and would not be definitive on this issue.
A site visit would not provide the definitive confirmation required.
You act for a landlord client who has received a planning enforcement notice from the local authority. The landlord owns a commercial unit (‘Premises’) and five years ago, finished converting the Premises from a storage centre to a wine bar. The enforcement notice claims the landlord’s conversion works were carried out without planning permission and the material change of use wasn’t authorised under permitted development rights.
Which of the following best describes the advice you would give to the landlord regarding the enforcement periods for the two alleged breaches of planning law?
The local authority is out of time to enforce against the landlord for the lack of planning permission for both the works and change of use because more than four years have passed since the works and change of use were completed.
The local authority can enforce against the landlord for carrying out works without planning permission because the works were carried out to effect the change of use and the time limit for changing use without authorisation is still running.
The local authority is out of time to enforce against the landlord for the lack of planning permission for the building work but they are within the time limit to enforce for the unauthorised change of use.
The local authority is unable to enforce against the landlord for lack of planning permission for both the works and material change of use because service of the enforcement notice is defective – the notice should have been sent to the tenant of the Premises instead of to the landlord.
The local authority is unable to enforce against the landlord for either breach because they have allowed the wine bar to trade for the past five years without issuing a complaint.
The local authority is out of time to enforce against the landlord for the lack of planning permission for the building work but they are within the time limit to enforce for the unauthorised change of use.
Correct. This answer reflects the enforcement periods for lack of planning permission for works (four years) compared to lack of planning permission for a material change of use (ten years).
You are acting for the purchaser of a registered commercial freehold property and in order to complete the report on title for the client you need to locate information from the searches about the following issues:
- Whether the property is a listed building
- Whether a contaminated land notice has been served.
- Building regulations previously granted.
- Flooding risk
- Whether the boundary fence needs repair.
Which of the following options best describes the searches and/or enquiries you would use to obtain the information needed?
LLC1 search; CON29 search and environmental desktop search.
LLC1 search; CON29 search; waterways search and Commercial Property Standard Enquiries.
CON29 search and waterways search.
CON29 search; environmental desktop search and Commercial Property Standard Enquiries.
LLC1 search; CON29 search; environmental desktop search and Commercial Property Standard Enquiries.
LLC1 search; CON29 search; environmental desktop search and Commercial Property Standard Enquiries.
This is correct. Whether the property is listed will appear in the LLC1. Contaminated land notices and building regulations approval are only detailed in the CON29. Flooding risk appears in the environmental desktop search and the seller will confirm in the CPSEs whether the fence needs repairing.
Imagine last year Proporation Limited built a patio and porch along the full width of the rear of the Property and did not obtain the requisite planning permission. Which of the following statements best sets out NHL’s potential liability if it buys the Property without planning permission being in place?
The local authority can serve a stop notice on NHL requiring it to stop the ongoing breach and demolish the patio and porch.
The local authority has four years from the date of substantial completion of the patio and porch to take enforcement action against NHL.
NHL will have no liability as it did not carry out the works.
The local authority can serve a breach of condition notice against NHL because it is a condition of lawful development that planning permission is obtained before development takes place.
The local authority can serve an enforcement notice on NHL requiring it to pay a fine of up to £20,000.
The local authority has four years from the date of substantial completion of the patio and porch to take enforcement action against NHL.
You have recently been instructed to act for a buyer on the purchase of an industrial unit. The seller built a large extension to the rear of the unit in September 2008. The seller’s solicitor has sent you the replies to CPSEs and you note that the seller did not obtain building regulations approval for the extension.
Is this a problem for the buyer?
Yes as you would need to check the building regulations approval conditions as if breached there is a ten year enforcement period by the local authority starting from the date of the breach of condition.
No as the building works were carried out over four years ago and therefore are outside the local authority’s enforcement period re: the lack of building regulations approval.
Yes as there is no time limit for enforcement re: the lack of building regulations approval by the local authority.
No as the seller was responsible for the building works in 2008 it will not become a problem for the buyer.
No as the building works were carried out over ten years ago and therefore are outside the local authority’s enforcement period re: the lack of building regulations approval.
Yes as there is no time limit for enforcement re: the lack of building regulations approval by the local authority.
Correct. The local authority can apply to court to enforce the building regulations by injunction at any time. While the other answer options might sound plausible, they are each incorrect.
Breach of conditions apply to planning permission only.
The four year enforcement period related to planning permissions.
The ten year enforcement period related to planning permissions.
The liability for lack of building regulations approval will pass to the buyer on completion.
A planning officer for a local authority has become aware of a potential planning issue. Five years ago, a commercial property within the local area has been redeveloped into a single residential property without obtaining any planning permissions.
Which of the following options should the planning officer take for this breach of planning control?
Serve an Enforcement Notice on the proprietor as the enforcement period for this change of use is unlimited.
Apply to court for an injunction to restore the property to its lawful use.
Serve an Enforcement Notice on the proprietor as the planning contravention is within the enforcement period from the date of the change of use.
There is nothing he can do as the planning contravention is outside the enforcement period from the date of the change of use.
Nothing as the change of use is permitted as general development.
There is nothing he can do as the planning contravention is outside the enforcement period from the date of the change of use.
Correct. This change of use of a building to a single residential property has a four year enforcement period which has now expired. While the other options appear plausible they are not. This change of use of a building to a single residential property has a four year enforcement period which has now expired. The enforcement period for change of use is not unlimited. An injunction applies mainly to lack of building regulations. This is not a permitted development.
You act for a client who intends to buy a registered freehold in the countryside. The client has asked you to look in the pre-contract papers to see whether a public footpath crosses the property.
Where would you normally expect to find the answer?
Search of the Index Map Result.
The Commons Registration Search Result.
The Property Register of the Official Copy.
The Local Land Charges Search Result.
The Local Authority Search Result.
The Local Authority Search Result.
Correct. There is a question to the local authority at enquiry 2.2 asking if there are any public right of ways (which would include footpaths) that abut or cross the property. While the other answer options might sound plausible, they are each incorrect. The Local Land Charges Search Result does not record details of footpaths, instead it records charges such as general and specific financial charges, planning charges, listed buildings charges, light obstruction notices. The Property Register of the Official Copy reveals rights benefiting the property such as private rights of way, not public footpaths. The Search of the Index Map Result reveals whether the area searched is registered or unregistered land, it does not detail any specific rights of way and indeed the Land Registry does not record public footpaths on its registers. The Commons Registration Search result (this is an optional enquiry in the Local Authority Search) will reveal whether the property is registered common land or town or village green under the Commons Registration Act 1965 or the Commons Act 2006.
Question 1
A solicitor is acting for a client who intends to purchase a property. Contracts have not
yet been exchanged. The boundary of the property adjoins a river. The client wants to
know who is responsible to maintain the riverbank and who has maintained it in the past.
The seller has owned the property for over 20 years.
Which of the following statements best describes the searches and enquiries the
solicitor should carry out to address this specific issue?
A The solicitor should carry out a water and drainage search and raise specific
pre- contract enquiries of the seller.
B The solicitor should carry out a desktop environmental search and a flood search.
C The solicitor should carry out a local land charges search (LLC1) and raise enquiries
with the Canal & River Trust.
D The solicitor should raise enquiries with the Canal & River Trust and raise specific pre-
contract enquiries of the seller.
E The solicitor should raise enquiries with the Canal & River Trust and carry out a flood
search.
Answer
Option D is correct. The client is concerned about the maintenance of the riverbank. The
solicitor must therefore raise enquiries with the Canal & River Trust who can provide specific
information regarding liability for maintenance of the riverbank. In addition, the solicitor
should also raise specific pre- contract enquiries of the seller to find out further information
regarding the maintenance regime in place and the level of financial contribution incurred.
The other searches will not address the client’s specific concern. The environmental search
will only cover contamination risk and the flood search will only cover flood risk; accordingly
options B and E are wrong. The water and drainage search will cover whether the property
is connected to the public water supply and the use of a public sewer. Option C is wrong as
the local land charges search (LLC1) only discloses financial charges or restrictions on land
that have been imposed by public authorities under statute, none of which apply to matters
concerning the maintenance of riverbanks.
Question 2
A solicitor is acting for the buyer in a conveyancing transaction. The seller’s solicitor has
provided official copies relating to the property. The buyer has instructed a surveyor to
carry out a full structural survey. The solicitor is considering which additional pre- contract
searches and enquiries should be raised in addition to the usual standard searches. The
property register contains the following entry:
(2 July 1990) The conveyance of the land in this title dated 23 October 1919 referred to
above contains the following provision ‘EXCEPT AND RESERVING unto the Vendor his heirs
and assigns all mines and minerals within and under the property hereby conveyed with
all necessary and proper powers rights and easements for working and carrying away
the same.’
Which of the following statements best describes the action required as a result of
this entry?
A The solicitor should advise the client to instruct the surveyor to check for signs of
subsidence at the property.
B The solicitor should advise the client to instruct the surveyor to check for signs of
subsidence at the property and carry out an Index Map search on form SIM.
C The solicitor should conduct a search with the Coal Authority on form CON29M, carry
out an Index Map search on form SIM and advise the client to instruct the surveyor to
check for signs of subsidence at the property.
D The solicitor should conduct a search with the Coal Authority on form CON29M
and advise the client to instruct the surveyor to check for signs of subsidence at the
property.
E The solicitor does not need to carry out an Index Map search on form SIM as the
property is registered land.
Answer
Option C is correct. This is an example of how investigation of title and searches and
enquiries overlap. The entry shows that the property is subject to a mining exception and
reservation. The solicitor should conduct a search with the Coal Authority on Form CON29M
as the result of the search will reveal whether the property is in an area where mining has
taken place in the past or is likely to take place in the future, the existence of underground
workings which may cause problems with subsidence and whether compensation for
subsidence damage has been paid in the past or any claim is pending. The solicitor should also conduct an Index Map search to check that the mines and minerals are not registered
under a separate title (see 2.5.2). In addition, the solicitor should advise the client to ask their
surveyor to check for signs of subsidence at the property. So option E is wrong and options
A, B and D are correct insofar as they go, but not the best answer as each one of them is
incomplete.
Question 3
A solicitor acts for a buyer of a residential property fronting onto a road. The local search
has revealed that the road is not a highway maintainable at public expense and there
are no current plans for adoption by the local authority. Contracts have not yet been
exchanged.
Does the buyer need to be concerned about this?
A Yes, the buyer should be advised not to purchase the property under any
circumstances.
B Yes, further enquiries will be needed before the purchase can proceed.
C No, the buyer should proceed with the purchase of the property if the road is in good
condition.
D No, the buyer should proceed with the purchase of the property if there is an express
right of way over the road in the title documents.
E No, because the local authority will not be reclaiming the cost of adopting the road
from the frontagers.
Answer
Option B is correct. The buyer does need to be concerned as there is no automatic right
to use the road and the local authority is not paying for its maintenance. The solicitor will
need to check the title deeds and raise pre- contract enquiries of the seller to establish
whether the buyer will have a legal right to use the road and what arrangements are in
place for maintenance. However, there are many properties that front on to roads that are
not highways maintainable at public expense, including properties on new developments
and high value houses on private developments, so option B is better advice than option A.
Options C, D and E are not the best advice as they imply that the buyer need not be
concerned and each only address one aspect of the issue (right of way, maintenance and
the possibility of adoption). Option E is also misconceived; just because the local authority
has no current plans to adopt the road does not mean that they will not do so in the future.
If they do so, they can require the frontagers to contribute to the costs of bringing the road
up to adoption standard.
A solicitor is acting for a client who is the sole owner of a freehold property.
The property is not a listed building and is vacant, but was used as office premises until five years ago.
The client plans to carry out internal works to the property so that she can let it as a single private dwelling house.
She has asked for the solicitor’s advice about whether her plans constitute ‘development’ and therefore whether she will need to obtain planning permission.
Will the client require planning permission for her plans for the property?
A. Yes, although she will not require planning permission for the internal works, she will require planning permission for the change of use.
B. No, the internal works do not constitute development and nor does the change of use because the previous use was abandoned over four years ago.
C. No, the internal works do not constitute development and nor does the change of use because it is a change to a single private dwelling house.
D. Yes, she will require planning permission for both the internal works and the change of use because they are developments which are not permitted.
E. No, the internal works do not constitute development and nor does the change of use because the change is not material.
A - Yes, although she will not require planning permission for the internal works, she will require planning permission for the change of use.
