Pre-contract stage - Searches and enquiries

Question 1

Who makes the searches and raises the enquiries?

Answer 1

The buyer’s solicitor. Failure to make the correct searches and enquiries can give rise to a claim of negligence from a buyer if the buyer should suffer a loss

Question 2

The range and type of searches and enquiries - Relevant to every property - Survey and personal inspection

Answer 2

Valuation - this is to assess whether the property is adequate security for the loan - it will not necessarily tell the borrower much about the state of the structure. If the buyer has concerns about the state of the property or intends to carry out alterations to it after their purchase they may wish to consider a full structural survey - Homebuyers’ valuation and survey

Question 3

The range and type of searches and enquiries - Relevant to every property - The local search

Answer 3

A local land charges search and standard enquiries of the local authority should be raised on every sale and purchase of property, together with the optional enquiries. This will show any financial charges or restrictions on the land that have been imposed by public authorities, planning permissions, any restrictions on permitted development

Question 4

The range and type of searches and enquiries - Relevant to every property - Water and drainage search

Answer 4

The main purpose of the enquiries is to establish whether the drains and sewers serving the property are ‘adopted’ and therefore the responsibility of the statutory undertaker rather than the owner of the property

Question 5

The range and type of searches and enquiries - Relevant to every property - Flood search

Answer 5

A flood search is indicated where the property is close to a river or the coast. However, most damage is caused by surface water flooding, which can occur anywhere when heavy rainfall has no other means of escape

Question 6

The range and type of searches and enquiries - For particular properties and transactions - Mining searches

Answer 6

will confirm if the property is in an area where mining has taken place in the past or is likely to take place in the future, whether there are shafts on the property, the existence of underground workings which may cause problems with subsidence and whether any claims for subsidence damage have been paid in the past or are pending

Question 7

The range and type of searches and enquiries - For particular properties and transactions - Canal and river trust search

Answer 7

If the property is adjacent to a river or a canal, the buyer needs to be made aware of any liability for repairs to the maintenance of the waterways, banks and tow paths, as well as whether the property has been affected by flooding in the past

Question 8

The range and type of searches and enquiries - For particular properties and transactions - Commons search

Answer 8

Properties on green-field sites or adjoining an open space such as a village green may be affected by common rights, such as the right to pasture, that have been protected under the Commons Registration Act 1965

Question 9

The range and type of searches and enquiries - For particular properties and transactions - Railways

Answer 9

A buyer of land adjoining a railway line will want to know whether there are any obligations to maintain the boundary features separating the property from the railway line and whether there are any restrictions on carrying out building work next to the line

Question 10

The range and type of searches and enquiries - For particular properties and transactions - Highways

Answer 10

the buyer’s solicitor can send a plan to the relevant highways authority, asking for the boundaries of the publicly maintainable highways (including verges) to be marked onto it

Question 11

The range and type of searches and enquiries - For particular properties and transactions - Unregistered land searches

Answer 11

An Index Map Search (‘SIM’) and a Land Charges Department search against the seller and previous estate owners will be necessary in any purchase of unregistered land

Question 12

When to do a bankruptcy search - buyer

Answer 12

When the buyer is an individual purchasing with the aid of a mortgage then you’d do a bankruptcy search.

Question 13

When to do a bankruptcy search - seller

Answer 13

Only necessary when the title is unregistered

Question 14

When is an official search of whole appropriate?

Answer 14

If it’s a purchase of part

Question 15

When is a company search needed?

Answer 15

Usually done against a buyer where the buyer is a company buying with the aid of a mortgage where it is made to protect their lender. But u also need to do one against the seller if the seller is a company

Question 16

When to make a land charges search against the seller

Answer 16

When the land is unregistered. A land charges search is required against the seller and all previous estate owners revealed by the epitome to check for the registration of the covenants

Question 17

When is an official search at land registry required (OS1)

Answer 17

To obtain priority and to ascertain whether there have been any changes since the date of the official copies. If the purchase is of part the search should be of part in form OS2

Question 18

What is a structural survey used for

Answer 18

Required to look for structural soundness and subsidence

Question 19

When is a chancel repair needed

Answer 19

If the property is located close to an old church and could be liable for repair

Question 20

When is an index map search used

Answer 20

To check if the title to the mines and minerals is registered and a mining search for mine workings

Question 21

Tree preservation order (TPO)

Answer 21

This will be revealed by the solicitor raising a local land charges search (LLC1)

Question 22

If the client is buying next to undeveloped land and is concerned as to the possibility of development on the neighbouring land

Answer 22

Pre-contract enquiries of the seller would be appropriate as the seller should have personal knowledge of any recent planning proposals relating to the adjoining land. It would also be prudent to undertake an optional enquiry of the local authority (CON290) as to whether the land which abuts the property is registered as a local common or village green which may preclude further development on such land

Question 23

K15 land search

Answer 23

Land charges search against the seller for the whole period of ownership

Question 24

Which search will the adoption and maintenance of roads be revealed in?

Answer 24

Revealed in the results to the enquiries of the local authority (CON29) not in the local land charges search

Question 25

How to find out if there is any contamination?

Answer 25

Desk top search