Pre-Contract Searches & Enquiries Flashcards
Who carries out the pre-contract searches & enquiries?
The buyer’s solicitor
Nb. Lender’s solicitor will do a company search & bankruptcy/insolvency search
What is the purpose of a survey/personal transaction & which transactions is it done for?
To assess physical condition of the property
Done for: All transactions (type & level of detail required will vary)
What is the purpose of a local search?
To identify matters imposed or known by the local authority
→ Local land charges search (LLC1): any financial charges / restrictions imposed by public authorities
→ Standard enquiries (CON29): planning permissions, liability for road repair etc.
→ Optional enquiries (CON29O): depending on locality of property (eg. rights over common land)
Done for: All transactions (but CON29O only where appropriate)
What is the procedure for a local search?
LLC1 (local land charges search) + CON29 (standard enquiries) + CON29O (optional enquiries) where appropriate to the Local Authority
What is revealed by a local land charges search (LLC1)?
Any financial charges or restrictions imposed by public authorities under statute
(eg. planning consents, tree preservation orders, conservation area designation orders)
What is revealed by a standard enquiries local search (CON29)?
Matters known to local authority, eg. planning permissions, restrictions on permitted development (Article 4 GPDO), whether contaminated, liability for road repair
What is the purpose of a water & drainage search? When should it be carried out?
To establish connection to public sewers & water supply
CON29DW / CommercialDW
Done for: All transactions
What is the purpose of pre-contract enquiries to the seller?
To get info that the owner/occupier of the property would be expected to know
eg. any disputes re property; third parties occupying, compliance with covenants
What is the purpose of environmental searches? When should they be carried out?
To identify contaminated land
Done for: All transactions (desktop / risk screening searches)
Additional environmental searches where risk identified
What is the purpose of flood searches? When should they be carried out?
To identify whether property is at greater than normal risk of flooding
Done for: All transactions (risk screening searches)
More detailed report necessary only where risk identified
What is the purpose of a chancel repairs search? When should it be carried out?
To identify potential liability to pay for repairs to chancel of CofE parish church
Done for: Unregistered land or where no disposal for value of registered land since 13 Oct 2013
Nb. may be more cost efficient to just get insurance
What is the purpose of a coal mining search? When should it be done?
To establish whether property is in coal mining area & if there has been a subsidence claim
Send CON29M to Coal Authority
Done for: properties in a coal mining area &/or with a mines & minerals reservation in the title
What is the purpose of a Canal & River Trust search? When should it be done?
To establish liability for maintenance of waterways, banks, towpaths
Done for: property adjacent to canal / river
What is the purpose of a Commons search? How is it done?
To check if property is not protected as common land / town & village green
Done by completing enquiry 22 of the CON29O to the LA
Done for: property adjacent to open land
What is the purpose of a railways search? When is it done?
To establish liability for boundary maintenance &/or restrictions on use
Done for: where land adjoins railway line
Nb. Not a general search - owner can raise specific q with National Rail; CON29 local search shows if property affected by a proposed railway scheme
What is the purpose of a Highways search? When is it done?
To establish whether verges & pavements are publicly maintainable
Done: where there is apparently privately owned land separating property & highway
What is the purpose of an Index Map search? When is it done?
To see if the land is already registered
Form SIM to Land Reg
Done for: property which appears to be unregistered &/or where there is a mines & minerals reservation
What is the purpose of a Land Charges search? When & how is it done?
To see if certain types of incumbrance have been protected by registration against relevant estate owner (if so, will be binding)
Form K15 to Land Charges Dept
Done for: unregistered property
When is a Company search done & who is it carried out by?
Where seller is a company
Done by lender’s solicitor to check seller has capacity to enter into contract, whether there are any fixed/floating charges that will need to be discharged
Also done by buyer’s solicitor against all corporate estate owners as part of investigation of title where property unregistered
What is the purpose of a bankruptcy/insolvency search? How is it done, & by who?
To check no insolvency or bankruptcy proceedings
Done by lender’s solicitor in all transactions
Individuals: K16 to Land Charges Dept
Company: Company search to Companies House
What action should the buyer’s solicitor take if the searches & enquiries reveal any planning permissions?
Obtain a copy of the planning permission & check whether any conditions would prevent proposed plans or have been breached
What action should the buyer’s solicitor take if CON29 shows there is no automatic right to use the adjacent roads?
Establish how buyer will have right to use road:
- Is there an easement?
- Ask seller whether any current private arrangements, & if so the relevant contributions
What action should be taken by buyer’s solicitor if CON29 shows that road is to be adopted & made up at cost to buyer?
Establish when LA intends to adopt road & likely cost
Survey on current state of road
What should the buyer’s solicitor do if the LLC1 shows there is a tree preservation order?
- Inform buyer (criminal offence to fell TPO tree without LPA consent)
- Ask seller for copy of TPO & ensure compliance
What should the buyer’s solicitor do where there is an adult occupier other than the seller in the property?
Require the seller to obtain a release of all rights in the property & an agreement to vacate on/pre completion (usually dealt with in the contract)
