pre-contract searches and enquiries (wk4) Flashcards
what is report on title?
the report which a solicitor reports to its client on its investigation of title, search results and replies to enquiries.
what does the report on title identify?
it identifies:
- material facts in respect of the property
- issues and their implications
- solutions available
what is caveat emptor?
buyer beware
who is responsible for ordering searches?
the buyer’s solicitor is usually responsible for ordering searches
what is the exception for when a buyer’s solicitor does not order searches?
if a solicitor is acting for a lender and the property is being remortgaged.
what are the 4 standard searches?
local search
drainage and water enquiries
desktop environmental search
chancel repair liability
what is a local search?
cover all matters relating to the property within the knowledge/records of the local authority.
what three parts are in a local search?
standard enquiries of the local authority (Form CON29)
optional enquiries (FORM CON290)
local land charges search (LLC1)
what does development mean?
this means carrying out of certain building works on land or a material change of use of the land
what does GDPO 2015 allow?
allows certain developments without planning permission
when do you NOT need planning permission?
building works only affect the interior of the building; or
building works that do not materially affect the external appearance of the building;
or changes to the use of class
what does Sui genera mean
means it does not belong to a use class
how can GPDO 2015 be excluded or amended in a locality?
via an article 4 direction
what is a conservation area?
areas of special historic or architectural interest, the character and appearance of which is desirable to preserve or enhance.
